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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to economic development.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ renames the Governor's Office of Economic Development as the Governor's Office
14 of Economic Opportunity (GO Utah office);
15 ▸ extends the deadline by which the GO Utah office must create a database to track
16 certain information related to community reinvestment agencies;
17 ▸ modifies Utah Futures by renaming the program, moving the program under the
18 Utah Board of Higher Education, and modifying certain requirements;
19 ▸ establishes the Unified Economic Opportunity Commission (commission) to
20 develop, direct, and coordinate a statewide economic development strategy;
21 ▸ modifies the duties of the GO Utah office to include implementing the statewide
22 economic development strategy developed by the commission;
23 ▸ provides the commission authority to create one or more subcommittees related to
24 specified issues;
25 ▸ creates the following commission subcommittees:
26 • the Business and Economic Development Subcommittee, formerly called the
27 Board of Business and Economic Development; and
28 • the Talent, Education, and Industry Alignment Subcommittee, formerly the
29 Talent Ready Utah Board;
30 ▸ modifies provisions related to economic development tax increment financing;
31 ▸ requires the GO Utah office to submit an annual report to certain state entities that
32 gives an overview of the implementation and efficacy of the statewide economic
33 development strategy;
34 ▸ creates a talent development grant program for businesses that create new
35 incremental high paying jobs in the state;
36 ▸ directs the Utah Office of Outdoor Recreation to promote all forms of outdoor
37 recreation, including vehicular and non-vehicular;
38 ▸ creates the Utah Broadband Center and addresses its operations and duties;
39 ▸ establishes the Broadband Access Grant Program;
40 ▸ repeals the Governor's Rural Partnership Board;
41 ▸ repeals the Governor's Economic Development Coordinating Council;
42 ▸ repeals the Technology Commercialization and Innovation Act;
43 ▸ repeals the Utah Business Resource Centers Act; and
44 ▸ makes technical and conforming changes.
45 Money Appropriated in this Bill:
46 This bill appropriates in fiscal year 2022:
47 ▸ to Economic Development - Business Development - Corporate Recruitment and
48 Business Services as an ongoing appropriation:
49 • from the General Fund, $767,100;
50 ▸ to Economic Development - Business Development - Outreach and International
51 Trade as an ongoing appropriation:
52 • from the General Fund, $75,000;
53 ▸ to Economic Development - Administration - Administration as an ongoing
54 appropriation:
55 • from the General Fund, $75,000;
56 ▸ to the Legislature - Senate - Administration as an ongoing appropriation:
57 • from the General Fund, $3,200; and
58 ▸ to the Legislature - House of Representatives - Administration as an ongoing
59 appropriation:
60 • from the General Fund, $3,200.
61 Other Special Clauses:
62 This bill provides a special effective date.
63 This bill provides revisor instructions.
64 This bill provides a coordination clause.
65 Utah Code Sections Affected:
66 AMENDS:
67 9-6-903, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 12
68 9-9-104.6, as last amended by Laws of Utah 2020, Chapters 236 and 365
69 9-22-102, as renumbered and amended by Laws of Utah 2019, Chapter 487
70 11-17-18, as last amended by Laws of Utah 2005, Chapter 148
71 11-58-901, as enacted by Laws of Utah 2018, Chapter 179
72 11-59-302, as last amended by Laws of Utah 2020, Chapters 152 and 365
73 11-59-304, as last amended by Laws of Utah 2020, Chapter 152
74 11-59-501, as last amended by Laws of Utah 2020, Chapter 152
75 17-31-5.5, as last amended by Laws of Utah 2020, Chapter 315
76 17-31-9, as last amended by Laws of Utah 2015, Chapter 283
77 17-54-102, as enacted by Laws of Utah 2020, Chapter 360
78 17-54-103, as enacted by Laws of Utah 2020, Chapter 360
79 17C-1-603, as last amended by Laws of Utah 2019, Chapter 21
80 17D-1-507, as enacted by Laws of Utah 2008, Chapter 360
81 35A-1-104.5, as last amended by Laws of Utah 2020, Chapter 354
82 35A-1-109, as last amended by Laws of Utah 2018, Chapter 423
83 35A-1-201, as last amended by Laws of Utah 2020, Chapter 352
84 35A-6-105, as last amended by Laws of Utah 2020, Chapter 365
85 41-6a-1626, as last amended by Laws of Utah 2019, Chapter 461
86 49-11-406, as last amended by Laws of Utah 2020, Chapter 24
87 53B-1-114, as last amended by Laws of Utah 2020, Chapter 365
88 53B-1-301, as last amended by Laws of Utah 2020, Chapters 365 and 403
89 53B-7-702, as last amended by Laws of Utah 2020, Chapter 365
90 53B-7-704, as enacted by Laws of Utah 2017, Chapter 365
91 53B-8-304, as enacted by Laws of Utah 2019, Chapter 444
92 53B-10-201, as last amended by Laws of Utah 2020, Chapter 365
93 53B-10-203, as enacted by Laws of Utah 2018, Chapter 402
94 53B-26-102, as last amended by Laws of Utah 2019, Chapters 136 and 357
95 53B-26-103, as last amended by Laws of Utah 2020, Chapter 365
96 53B-26-303, as enacted by Laws of Utah 2020, Chapter 361
97 54-4-41, as enacted by Laws of Utah 2020, Chapter 217
98 59-1-403, as last amended by Laws of Utah 2020, Chapter 294
99 59-7-159, as last amended by Laws of Utah 2019, Chapters 247 and 465
100 59-7-614.2, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
101 59-7-614.5, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
102 59-7-614.10, as last amended by Laws of Utah 2020, Chapter 354
103 59-7-621, as enacted by Laws of Utah 2017, Chapter 274
104 59-7-624, as last amended by Laws of Utah 2020, Chapter 354
105 59-10-137, as last amended by Laws of Utah 2019, Chapters 247 and 465
106 59-10-1037, as last amended by Laws of Utah 2020, Chapter 354
107 59-10-1038, as enacted by Laws of Utah 2017, Chapter 274
108 59-10-1107, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
109 59-10-1108, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
110 59-10-1112, as last amended by Laws of Utah 2020, Chapter 354
111 63A-3-111, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 12
112 63B-18-401, as last amended by Laws of Utah 2019, Chapters 327, 479, and 497
113 63B-24-201, as last amended by Laws of Utah 2018, Chapter 406
114 63C-17-103, as enacted by Laws of Utah 2016, Chapter 156
115 63C-17-105, as enacted by Laws of Utah 2016, Chapter 156
116 63G-21-102, as last amended by Laws of Utah 2018, Chapter 281
117 63G-21-201, as last amended by Laws of Utah 2018, Chapter 261
118 63H-1-801, as last amended by Laws of Utah 2009, Chapters 92 and 388
119 63H-2-204, as last amended by Laws of Utah 2012, Chapter 37
120 63I-1-235, as last amended by Laws of Utah 2020, Chapters 154 and 417
121 63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
122 303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
123 of Utah 2020, Chapter 360
124 63I-2-263, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
125 63J-1-602.1, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
126 63J-4-301, as last amended by Laws of Utah 2018, Chapters 423 and 469
127 63J-4-708, as last amended by Laws of Utah 2018, Chapter 423
128 63L-2-301, as last amended by Laws of Utah 2020, Chapter 168
129 63M-5-306, as renumbered and amended by Laws of Utah 2008, Chapter 382
130 63M-6-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
131 63M-6-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
132 63M-6-203, as renumbered and amended by Laws of Utah 2008, Chapter 382
133 63M-11-201, as last amended by Laws of Utah 2019, Chapter 246
134 63N-2-103, as last amended by Laws of Utah 2019, Chapters 399, 465, 498 and last
135 amended by Coordination Clause, Laws of Utah 2019, Chapter 465
136 63N-2-104, as last amended by Laws of Utah 2018, Chapter 281
137 63N-2-105, as last amended by Laws of Utah 2016, Chapter 350
138 63N-2-106, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
139 63N-2-107, as last amended by Laws of Utah 2016, Chapter 350
140 63N-2-203, as last amended by Laws of Utah 2020, Chapter 360
141 63N-2-213, as last amended by Laws of Utah 2020, Chapter 360
142 63N-2-303, as last amended by Laws of Utah 2017, Chapter 352
143 63N-2-503, as last amended by Laws of Utah 2019, Chapter 136
144 63N-2-504, as last amended by Laws of Utah 2019, Chapter 136
145 63N-2-510, as last amended by Laws of Utah 2015, Chapter 417 and renumbered and
146 amended by Laws of Utah 2015, Chapter 283
147 63N-2-512, as last amended by Laws of Utah 2016, Chapter 291
148 63N-2-808, as last amended by Laws of Utah 2016, Chapter 354
149 63N-2-810, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
150 63N-3-102, as last amended by Laws of Utah 2018, Chapter 428
151 63N-3-103, as last amended by Laws of Utah 2018, Chapters 204 and 428
152 63N-3-105, as last amended by Laws of Utah 2019, Chapter 325
153 63N-3-106, as last amended by Laws of Utah 2016, Chapters 34 and 183
154 63N-3-109, as last amended by Laws of Utah 2020, Chapter 265
155 63N-3-111, as last amended by Laws of Utah 2018, Chapter 182
156 63N-3-204, as last amended by Laws of Utah 2018, Chapter 453
157 63N-4-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
158 63N-4-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
159 63N-4-103, as renumbered and amended by Laws of Utah 2015, Chapter 283
160 63N-4-104, as last amended by Laws of Utah 2020, Chapter 360
161 63N-4-105, as renumbered and amended by Laws of Utah 2015, Chapter 283
162 63N-4-106, as renumbered and amended by Laws of Utah 2015, Chapter 283
163 63N-4-205, as renumbered and amended by Laws of Utah 2015, Chapter 283
164 63N-4-403, as enacted by Laws of Utah 2018, Chapter 340
165 63N-4-704, as enacted by Laws of Utah 2020, Chapter 360
166 63N-7-201, as renumbered and amended by Laws of Utah 2015, Chapter 283
167 63N-8-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
168 63N-8-103, as last amended by Laws of Utah 2019, First Special Session, Chapter 3
169 63N-8-104, as last amended by Laws of Utah 2020, Chapter 357
170 63N-8-105, as renumbered and amended by Laws of Utah 2015, Chapter 283
171 63N-9-104, as last amended by Laws of Utah 2016, Chapter 88
172 63N-9-106, as last amended by Laws of Utah 2019, Chapter 506
173 63N-9-203, as last amended by Laws of Utah 2017, Chapter 166
174 63N-9-403, as enacted by Laws of Utah 2019, Chapter 506
175 63N-13-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
176 63N-15-103, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 19
177 72-1-209, as last amended by Laws of Utah 2005, Chapter 148
178 72-4-302, as last amended by Laws of Utah 2019, Chapter 246
179 72-7-504, as last amended by Laws of Utah 2017, Chapter 260
180 79-4-1103, as last amended by Laws of Utah 2015, Chapter 283
181 ENACTS:
182 53B-30-101, Utah Code Annotated 1953
183 53B-30-102, Utah Code Annotated 1953
184 63N-1a-103, Utah Code Annotated 1953
185 63N-1a-201, Utah Code Annotated 1953
186 63N-1a-202, Utah Code Annotated 1953
187 63N-1b-101, Utah Code Annotated 1953
188 63N-1b-102, Utah Code Annotated 1953
189 63N-3-112, Utah Code Annotated 1953
190 63N-16-101, Utah Code Annotated 1953
191 63N-16-102, Utah Code Annotated 1953
192 63N-16-201, Utah Code Annotated 1953
193 63N-16-301, Utah Code Annotated 1953
194 63N-16-302, Utah Code Annotated 1953
195 RENUMBERS AND AMENDS:
196 53B-30-201, (Renumbered from 63N-12-509, as renumbered and amended by Laws of
197 Utah 2019, Chapter 246)
198 63N-1a-101, (Renumbered from 63N-1-101, as renumbered and amended by Laws of
199 Utah 2015, Chapter 283)
200 63N-1a-102, (Renumbered from 63N-1-102, as last amended by Laws of Utah 2019,
201 Chapter 465)
202 63N-1a-301, (Renumbered from 63N-1-201, as last amended by Laws of Utah 2019,
203 Chapter 246)
204 63N-1a-302, (Renumbered from 63N-1-202, as last amended by Laws of Utah 2020,
205 Chapter 352)
206 63N-1a-303, (Renumbered from 63N-1-203, as last amended by Laws of Utah 2018,
207 Chapter 423)
208 63N-1a-304, (Renumbered from 63N-1-204, as renumbered and amended by Laws of
209 Utah 2015, Chapter 283)
210 63N-1a-305, (Renumbered from 63N-1-205, as enacted by Laws of Utah 2020, Chapter
211 154)
212 63N-1a-306, (Renumbered from 63N-1-301, as last amended by Laws of Utah 2020,
213 Chapter 365)
214 63N-1b-201, (Renumbered from 63N-1-401, as last amended by Laws of Utah 2020,
215 Chapters 352 and 373)
216 63N-1b-202, (Renumbered from 63N-1-402, as renumbered and amended by Laws of
217 Utah 2015, Chapter 283)
218 63N-1b-301, (Renumbered from 63N-12-503, as last amended by Laws of Utah 2020,
219 Chapter 365)
220 63N-1b-302, (Renumbered from 63N-12-502, as enacted by Laws of Utah 2018,
221 Chapter 423)
222 63N-1b-303, (Renumbered from 63N-12-504, as last amended by Laws of Utah 2019,
223 Chapter 427)
224 63N-1b-304, (Renumbered from 63N-12-505, as last amended by Laws of Utah 2020,
225 Chapter 164 and last amended by Coordination Clause, Laws of Utah 2020, Chapter
226 365)
227 63N-1b-305, (Renumbered from 63N-12-506, as last amended by Laws of Utah 2020,
228 Sixth Special Session, Chapter 19)
229 63N-1b-306, (Renumbered from 63N-12-507, as last amended by Laws of Utah 2020,
230 Chapter 164 and last amended by Coordination Clause, Laws of Utah 2020, Chapter
231 365)
232 63N-1b-307, (Renumbered from 63N-12-508, as last amended by Laws of Utah 2020,
233 Sixth Special Session, Chapter 19)
234 63N-16-202, (Renumbered from 63N-3-501, as enacted by Laws of Utah 2018, Chapter
235 182)
236 REPEALS:
237 63C-10-101, as enacted by Laws of Utah 2004, Chapter 73
238 63C-10-102, as last amended by Laws of Utah 2014, Chapter 259
239 63C-10-103, as last amended by Laws of Utah 2020, Chapter 360
240 63N-1-501, as last amended by Laws of Utah 2020, Chapters 352, 354, and 360
241 63N-1-502, as renumbered and amended by Laws of Utah 2015, Chapter 283
242 63N-3-108, as renumbered and amended by Laws of Utah 2015, Chapter 283
243 63N-3-109.5, as enacted by Laws of Utah 2016, Chapter 34
244 63N-3-201, as renumbered and amended by Laws of Utah 2015, Chapter 283
245 63N-3-202, as renumbered and amended by Laws of Utah 2015, Chapter 283
246 63N-3-203, as renumbered and amended by Laws of Utah 2015, Chapter 283
247 63N-3-205, as renumbered and amended by Laws of Utah 2015, Chapter 283
248 63N-3-301, as renumbered and amended by Laws of Utah 2015, Chapter 283
249 63N-3-302, as renumbered and amended by Laws of Utah 2015, Chapter 283
250 63N-3-303, as renumbered and amended by Laws of Utah 2015, Chapter 283
251 63N-3-304, as last amended by Laws of Utah 2016, Chapter 253
252 63N-3-305, as last amended by Laws of Utah 2016, Chapter 253
253 63N-3-306, as last amended by Laws of Utah 2016, Chapter 253
254 63N-3-307, as last amended by Laws of Utah 2016, Chapter 253
255 63N-12-501, as last amended by Laws of Utah 2020, Chapter 164
256 Utah Code Sections Affected by Coordination Clause:
257 63N-2-104, as last amended by Laws of Utah 2018, Chapter 281
258
259 Be it enacted by the Legislature of the state of Utah:
260 Section 1. Section 9-6-903 is amended to read:
261 9-6-903. Duties of the division.
262 (1) As soon as is practicable but on or before July 31, 2020, the division shall:
263 (a) establish an application process by which a qualified organization may apply for a
264 grant under this part, which application shall include:
265 (i) a declaration, signed under penalty of perjury, that the application is complete, true,
266 and correct and any estimates about the net costs to provide the cultural, artistic, botanical,
267 recreational, or zoological activity are made in good faith;
268 (ii) an acknowledgment that the qualified organization is subject to audit; and
269 (iii) a plan for providing the activity described in Subsection 9-6-902(2)(a);
270 (b) establish a method for the office, in consultation with the Governor's Office of
271 Economic [
272 applicants are eligible to receive a grant;
273 (c) establish a formula to award grant funds; and
274 (d) report the information described in Subsections (1)(a) through (c) to the director of
275 the Division of Finance.
276 (2) The division shall:
277 (a) participate in the presentation that the director of the Division of Finance provides
278 to the legislative committee under Section 63A-3-111; and
279 (b) consider any recommendations for adjustments to the grant program from the
280 legislative committee.
281 (3) Subject to appropriation, beginning on August 5, 2020, the division shall:
282 (a) collect applications for grant funds from qualified organizations;
283 (b) determine, in consultation with the Governor's Office of Economic [
284 Opportunity for recreational applicants, which applicants meet the eligibility requirements for
285 receiving a grant; and
286 (c) award the grant funds:
287 (i) (A) after an initial application period that ends on or before August 31, 2020; and
288 (B) if funds remain after the initial application period, on a rolling basis until the
289 earlier of funds being exhausted or December 30, 2020; and
290 (ii) in accordance with the process established under Subsection (1) and the limit
291 described in Subsection 9-6-902(3).
292 (4) The division shall encourage any qualified organization that receives grant funds to
293 commit to following best practices to protect the health and safety of the qualified
294 organization's employees and customers.
295 (5) (a) The division may audit a qualified organization's reported net cost to provide a
296 cultural, artistic, botanical, recreational, or zoological activity.
297 (b) The division may recapture grant funds if, after audit, the division determines that:
298 (i) if a qualified organization made representations about the qualified organization's
299 actual net cost to provide the cultural, artistic, botanical, recreational, or zoological activity, the
300 representations are not complete, true, and correct; or
301 (ii) if a qualified organization made representations about the qualified organization's
302 estimated net cost to provide the cultural, artistic, botanical, recreational, or zoological activity,
303 the representations are not made in good faith.
304 (c) (i) A qualified organization that is subject to recapture shall pay to the Division of
305 Finance a penalty equal to the amount of the grant recaptured multiplied by the applicable
306 income tax rate in Section 59-7-104 or 59-10-104.
307 (ii) The Division of Finance shall deposit the penalty into the Education Fund.
308 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
309 division may make rules to administer the grant program.
310 Section 2. Section 9-9-104.6 is amended to read:
311 9-9-104.6. Participation of state agencies in meetings with tribal leaders --
312 Contact information.
313 (1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the
314 division shall coordinate with representatives of tribal governments and the entities listed in
315 Subsection (2) to provide for the broadest participation possible in the joint meetings.
316 (2) The following may participate in all meetings described in Subsection (1):
317 (a) the chairs of the Native American Legislative Liaison Committee created in Section
318 36-22-1;
319 (b) the governor or the governor's designee;
320 (c) the American Indian-Alaska Native Health Liaison appointed in accordance with
321 Section 26-7-2.5;
322 (d) the American Indian-Alaska Native Public Education Liaison appointed in
323 accordance with Section 53F-5-604; and
324 (e) a representative appointed by the chief administrative officer of the following:
325 (i) the Department of Human Services;
326 (ii) the Department of Natural Resources;
327 (iii) the Department of Workforce Services;
328 (iv) the Governor's Office of Economic [
329 (v) the State Board of Education; and
330 (vi) the Utah Board of Higher Education.
331 (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
332 (i) designate the name of a contact person for that agency that can assist in coordinating
333 the efforts of state and tribal governments in meeting the needs of the Native Americans
334 residing in the state; and
335 (ii) notify the division:
336 (A) who is the designated contact person described in Subsection (3)(a)(i); and
337 (B) of any change in who is the designated contact person described in Subsection
338 (3)(a)(i).
339 (b) This Subsection (3) applies to:
340 (i) the Department of Agriculture and Food;
341 (ii) the Department of Heritage and Arts;
342 (iii) the Department of Corrections;
343 (iv) the Department of Environmental Quality;
344 (v) the Department of Public Safety;
345 (vi) the Department of Transportation;
346 (vii) the Office of the Attorney General;
347 (viii) the State Tax Commission; and
348 (ix) any agency described in Subsections (2)(c) through (e).
349 (c) At the request of the division, a contact person listed in Subsection (3)(b) may
350 participate in a meeting described in Subsection (1).
351 (4) (a) A participant under this section who is not a legislator may not receive
352 compensation or benefits for the participant's service, but may receive per diem and travel
353 expenses as allowed in:
354 (i) Section 63A-3-106;
355 (ii) Section 63A-3-107; and
356 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
357 63A-3-107.
358 (b) Compensation and expenses of a participant who is a legislator are governed by
359 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
360 Section 3. Section 9-22-102 is amended to read:
361 9-22-102. Definitions.
362 As used in this chapter:
363 (1) "Computing partnerships" means a set of skills, knowledge, and aptitudes used in
364 computer science, information technology, or computer engineering courses and career options.
365 (2) "Director" means the director appointed by the STEM board to oversee the
366 administration of the STEM Action Center.
367 (3) "Educator" means the same as that term is defined in Section 53E-6-102.
368 (4) "Foundation" means a foundation established as described in Subsections
369 9-22-104(3) and (4).
370 (5) "Fund" means the STEM Action Center Foundation Fund created in Section
371 9-22-105.
372 (6) "Grant program" means the Computing Partnerships Grants program created in this
373 part.
374 (7) "High quality professional development" means professional development that
375 meets high quality standards developed by the State Board of Education.
376 (8) "Institution of higher education" means an institution listed in Section 53B-1-102.
377 (9) "K-16" means kindergarten through grade 12 and post-secondary education
378 programs.
379 (10) "Provider" means a provider selected on behalf of the STEM board by the staff of
380 the STEM board and the staff of the State Board of Education:
381 (a) through a request for proposals process; or
382 (b) through a direct award or sole source procurement process for a pilot described in
383 Section 9-22-107.
384 (11) "Review committee" means the committee established under Section 9-22-114.
385 (12) "Stacked credentials" means credentials that:
386 (a) an individual can build upon to access an advanced job or higher wage;
387 (b) are part of a career pathway system;
388 (c) provide a pathway culminating in the equivalent of an associate's or bachelor's
389 degree;
390 (d) facilitate multiple exit and entry points; and
391 (e) recognize sub-goals or momentum points.
392 (13) "STEM" means science, technology, engineering, and mathematics.
393 (14) "STEM Action Center" means the center described in Section 9-22-106.
394 (15) "STEM board" means the STEM Action Center Board created in Section
395 9-22-103.
396 (16) "Talent Ready [
397 created in Section [
398 Section 4. Section 11-17-18 is amended to read:
399 11-17-18. Powers of Governor's Office of Economic Opportunity.
400 For purposes of this chapter and for the purposes of the Utah Interlocal Cooperation
401 Act, the Governor's Office of Economic [
402 in this chapter of, and is subject to the same limitations as, a municipality as though the office
403 were defined as a municipality for purposes of this chapter, but it shall have such powers with
404 respect to economic development or new venture investment fund projects only. It is not
405 authorized to exercise such powers in any manner which will create general obligations of the
406 state or any agency, department, division, or political subdivision thereof.
407 Section 5. Section 11-58-901 is amended to read:
408 11-58-901. Dissolution of port authority -- Restrictions -- Notice of dissolution --
409 Disposition of port authority property -- Port authority records -- Dissolution expenses.
410 (1) The authority may not be dissolved unless the authority has no outstanding bonded
411 indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
412 obligations with persons or entities other than the state.
413 (2) Upon the dissolution of the authority:
414 (a) the Governor's Office of Economic [
415 notice of dissolution:
416 (i) in a newspaper of general circulation in the county in which the dissolved authority
417 is located; and
418 (ii) as required in Section 45-1-101; and
419 (b) all title to property owned by the authority vests in the state.
420 (3) The books, documents, records, papers, and seal of each dissolved authority shall
421 be deposited for safekeeping and reference with the state auditor.
422 (4) The authority shall pay all expenses of the deactivation and dissolution.
423 Section 6. Section 11-59-302 is amended to read:
424 11-59-302. Number of board members -- Appointment -- Vacancies -- Chairs.
425 (1) The board shall consist of 11 members as provided in Subsection (2).
426 (2) (a) The president of the Senate shall appoint two members of the Senate to serve as
427 members of the board.
428 (b) The speaker of the House of Representatives shall appoint two members of the
429 House of Representatives to serve as members of the board.
430 (c) The governor shall appoint four individuals to serve as members of the board:
431 (i) one of whom shall be a member of the board of or employed by the Governor's
432 Office of Economic [
433 and
434 (ii) one of whom shall be an employee of the Division of Facilities Construction and
435 Management, created in Section 63A-5b-301.
436 (d) The Salt Lake County mayor shall appoint one board member, who shall be an
437 elected Salt Lake County government official.
438 (e) The mayor of Draper, or a member of the Draper city council that the mayor
439 designates, shall serve as a board member.
440 (f) The commissioner of higher education, appointed under Section 53B-1-408, or the
441 commissioner's designee, shall serve as a board member.
442 (3) (a) (i) Subject to Subsection (3)(a)(ii), a vacancy on the board shall be filled in the
443 same manner under this section as the appointment of the member whose vacancy is being
444 filled.
445 (ii) If the mayor of Draper or commissioner of higher education is removed as a board
446 member under Subsection (5), the mayor of Draper or commissioner of higher education, as the
447 case may be, shall designate an individual to serve as a member of the board, as provided in
448 Subsection (2)(e) or (f), respectively.
449 (b) Each person appointed or designated to fill a vacancy shall serve the remaining
450 unexpired term of the member whose vacancy the person is filling.
451 (4) A member of the board appointed by the governor, president of the Senate, or
452 speaker of the House of Representatives serves at the pleasure of and may be removed and
453 replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
454 of the House of Representatives, respectively.
455 (5) A member of the board may be removed by a vote of two-thirds of all members of
456 the board.
457 (6) (a) The governor shall appoint one board member to serve as cochair of the board.
458 (b) The president of the Senate and speaker of the House of Representatives shall
459 jointly appoint one legislative member of the board to serve as cochair of the board.
460 Section 7. Section 11-59-304 is amended to read:
461 11-59-304. Staff and other support services -- Cooperation from state and local
462 government entities.
463 (1) As used in this section:
464 (a) "Division" means the Division of Facilities Construction and Management, created
465 in Section 63A-5b-301.
466 (b) "Office" means the Governor's Office of Economic [
467 created in Section [
468 (2) If and as requested by the board:
469 (a) the division shall:
470 (i) provide staff support to the board; and
471 (ii) make available to the board existing division resources and expertise to assist the
472 board in the development, marketing, and disposition of the point of the mountain state land;
473 and
474 (b) the office shall cooperate with and provide assistance to the board in the board's:
475 (i) formulation of a development plan for the point of the mountain state land; and
476 (ii) management and implementation of a development plan, including the marketing
477 of property and recruitment of businesses and others to locate on the point of the mountain
478 state land.
479 (3) A department, division, or other agency of the state and a political subdivision of
480 the state shall cooperate with the authority and the board to the fullest extent possible to
481 provide whatever support, information, or other assistance the board requests that is reasonably
482 necessary to help the authority fulfill its duties and responsibilities under this chapter.
483 Section 8. Section 11-59-501 is amended to read:
484 11-59-501. Dissolution of authority -- Restrictions -- Publishing notice of
485 dissolution -- Authority records -- Dissolution expenses.
486 (1) The authority may not be dissolved unless:
487 (a) the authority board first receives approval from the Legislative Management
488 Committee of the Legislature to dissolve the authority; and
489 (b) the authority has no outstanding bonded indebtedness, other unpaid loans,
490 indebtedness, or advances, and no legally binding contractual obligations with persons or
491 entities other than the state.
492 (2) To dissolve the authority, the board shall:
493 (a) obtain the approval of the Legislative Management Committee of the Legislature;
494 and
495 (b) adopt a resolution dissolving the authority, to become effective as provided in the
496 resolution.
497 (3) Upon the dissolution of the authority:
498 (a) the Governor's Office of Economic [
499 notice of dissolution:
500 (i) in a newspaper of general circulation in the county in which the dissolved authority
501 is located; and
502 (ii) as required in Section 45-1-101; and
503 (b) all title to property owned by the authority vests in the Division of Facilities
504 Construction and Management, created in Section 63A-5b-301, for the benefit of the state.
505 (4) The board shall deposit all books, documents, records, papers, and seal of the
506 dissolved authority with the state auditor for safekeeping and reference.
507 (5) The authority shall pay all expenses of the deactivation and dissolution.
508 Section 9. Section 17-31-5.5 is amended to read:
509 17-31-5.5. Report to county legislative body -- Content.
510 (1) The legislative body of each county that imposes a transient room tax under Section
511 59-12-301 or a tourism, recreation, cultural, convention, and airport facilities tax under Section
512 59-12-603 shall prepare annually a report in accordance with Subsection (2).
513 (2) The report described in Subsection (1) shall include a breakdown of expenditures
514 into the following categories:
515 (a) for the transient room tax, identification of expenditures for:
516 (i) establishing and promoting:
517 (A) recreation;
518 (B) tourism;
519 (C) film production; and
520 (D) conventions;
521 (ii) acquiring, leasing, constructing, furnishing, or operating:
522 (A) convention meeting rooms;
523 (B) exhibit halls;
524 (C) visitor information centers;
525 (D) museums; and
526 (E) related facilities;
527 (iii) acquiring or leasing land required for or related to the purposes listed in
528 Subsection (2)(a)(ii);
529 (iv) mitigation costs as identified in Subsection 17-31-2(2)(d); and
530 (v) making the annual payment of principal, interest, premiums, and necessary reserves
531 for any or the aggregate of bonds issued to pay for costs referred to in Subsections
532 17-31-2(2)(e) and (5)(a); and
533 (b) for the tourism, recreation, cultural, convention, and airport facilities tax,
534 identification of expenditures for:
535 (i) financing tourism promotion, which means an activity to develop, encourage,
536 solicit, or market tourism that attracts transient guests to the county, including planning,
537 product development, and advertising;
538 (ii) the development, operation, and maintenance of the following facilities as defined
539 in Section 59-12-602:
540 (A) an airport facility;
541 (B) a convention facility;
542 (C) a cultural facility;
543 (D) a recreation facility; and
544 (E) a tourist facility; and
545 (iii) a pledge as security for evidences of indebtedness under Subsection 59-12-603(3).
546 (3) For the transient room tax, the report described in Subsection (1) shall include a
547 breakdown of each expenditure described in Subsection (2)(a)(i), including:
548 (a) whether the expenditure was used for in-state and out-of-state promotion efforts;
549 (b) an explanation of how the expenditure targeted a cost created by tourism; and
550 (c) an accounting of the expenditure showing that the expenditure was used only for
551 costs directly related to a cost created by tourism.
552 (4) A county legislative body shall provide a copy of the report described in Subsection
553 (1) to:
554 (a) the Utah Office of Tourism within the Governor's Office of Economic
555 [
556 (b) its tourism tax advisory board; and
557 (c) the Office of the Legislative Fiscal Analyst.
558 Section 10. Section 17-31-9 is amended to read:
559 17-31-9. Payment to Stay Another Day and Bounce Back Fund and Hotel Impact
560 Mitigation Fund.
561 A county in which a qualified hotel, as defined in Section 63N-2-502, is located shall:
562 (1) make an annual payment to the Division of Finance:
563 (a) for deposit into the Stay Another Day and Bounce Back Fund, established in
564 Section 63N-2-511;
565 (b) for any year in which the Governor's Office of Economic [
566
567 63N-2-502; and
568 (c) in the amount of 5% of the state portion, as defined in Section 63N-2-502; and
569 (2) make payments to the Division of Finance:
570 (a) for deposit into the Hotel Impact Mitigation Fund, created in Section 63N-2-512;
571 (b) for each year described in Subsection 63N-2-512(5)(a)(ii) during which the balance
572 of the Hotel Impact Mitigation Fund, defined in Section 63N-2-512, is less than $2,100,000
573 before any payment for that year under Subsection 63N-2-512(5)(a); and
574 (c) in the amount of the difference between $2,100,000 and the balance of the Hotel
575 Impact Mitigation Fund, defined in Section 63N-2-512, before any payment for that year under
576 Subsection 63N-2-512(5)(a).
577 Section 11. Section 17-54-102 is amended to read:
578 17-54-102. Definitions.
579 (1) "CED board" means a County Economic Development Advisory Board as
580 described in Section 17-54-104.
581 (2) "Center for Rural Development" means the Center for Rural Development created
582 in Section 63N-4-102.
583 (3) "GO Utah board" means the Business and Economic Development Subcommittee
584 created in Section 63N-1b-202.
585 [
586 created in Section 17-54-103.
587 [
588 17-54-103.
589 [
590
591 [
592 [
593
594 Section 12. Section 17-54-103 is amended to read:
595 17-54-103. Rural County Grant Program.
596 (1) There is created the Rural County Grant Program.
597 (2) The grant program shall be overseen by the [
598 administered by the [
599 (3) (a) In overseeing the grant program, the [
600 recommend the awarding of grants to rural counties to address the economic development
601 needs of rural counties, in accordance with the provisions of this chapter, which needs may
602 include:
603 (i) business recruitment, development, and expansion;
604 (ii) workforce training and development; and
605 (iii) infrastructure, industrial building development, and capital facilities improvements
606 for business development.
607 (b) After reviewing the recommendations of the [
608 executive director of the Governor's Office of Economic [
609 award grants to rural counties in accordance with the provisions of this chapter.
610 (4) Subject to appropriations from the Legislature and subject to the reporting and
611 other requirements of this chapter, grant money shall be distributed:
612 (a) equally between all rural counties that have created a CED board, in an amount up
613 to and including $200,000 annually per county; and
614 (b) for grant money that is available after $200,000 has been provided annually to each
615 eligible rural county, through the process described in Subsection (6).
616 (5) Beginning in 2021, a rural county may not receive an additional grant under this
617 chapter unless the rural county:
618 (a) demonstrates a funding match, which may include a funding match provided by any
619 combination of a community reinvestment agency, redevelopment agency, community
620 development and renewal agency, private-sector entity, nonprofit entity, federal matching
621 grant, county or municipality general fund match, or in-kind match, and that totals:
622 (i) a 10% match for a county of the sixth class;
623 (ii) a 20% match for a county of the fifth class;
624 (iii) a 30% match for a county of the fourth class; and
625 (iv) a 40% match for a county of the third class; and
626 (b) has complied with the reporting requirements required by the [
627 GO Utah board and the reporting requirements described in Subsection (9) for all previous
628 years that the county has received a grant.
629 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
630 [
631 board shall make rules establishing the eligibility and reporting criteria for a rural county to
632 receive grant money under Subsection (4)(b), including:
633 (a) the form and process for a county to submit an application to the [
634 GO Utah board for a grant;
635 (b) the method of scoring and prioritizing grant program applications from rural
636 counties;
637 (c) the reporting, auditing, and post-performance requirements for a rural county that
638 receives grant money; and
639 (d) any deadlines that shall be met by a rural county when applying for a grant.
640 (7) In determining the award of grant money under Subsection (4)(b), the [
641
642 to a rural county.
643 (8) In determining the recommended award of grant money under Subsection (4)(b),
644 the [
645 combination of the following:
646 (a) that the county has or is actively pursuing the creation of an effective strategic
647 economic development plan;
648 (b) consistency with local economic development priorities;
649 (c) economic need;
650 (d) utilization of local financial or in-kind resources in combination with a grant;
651 (e) evidence that jobs will be created; and
652 (f) evidence that there will be a positive return on investment.
653 (9) On or before September 1 of each year, a county that has received a grant under this
654 chapter in the previous 12 months shall provide a written report to the [
655 Utah board that describes:
656 (a) the amount of grant money the county has received;
657 (b) how grant money has been distributed by the county, including what companies or
658 entities have utilized grant money, how much grant money each company or entity has
659 received, and how each company or entity has used the money;
660 (c) an evaluation of the effectiveness of awarded grants in improving economic
661 development in the county, including the number of jobs created, infrastructure that has been
662 created, and capital improvements in the county;
663 (d) how much matching money has been utilized by the county and what entities have
664 provided the matching money; and
665 (e) any other reporting, auditing, or post-performance requirements established by the
666 [
667 board under Subsection (6).
668 (10) The [
669 information and provide a written report to the Governor's Office of Economic [
670 Opportunity for inclusion in the Governor's Office of Economic [
671 annual written report described in Section [
672 Section 13. Section 17C-1-603 is amended to read:
673 17C-1-603. Reporting requirements -- Governor's Office of Economic
674 Opportunity to maintain a database.
675 (1) On or before [
676 [
677 (a) create a database to track information for each agency located within the state; and
678 (b) make the database publicly accessible from the office's website.
679 (2) (a) The Governor's Office of Economic [
680 (i) contract with a third party to create and maintain the database described in
681 Subsection (1); and
682 (ii) charge a fee for a county, city, or agency to provide information to the database
683 described in Subsection (1).
684 (b) The Governor's Office of Economic [
685 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a
686 fee schedule for the fee described in Subsection (2)(a)(ii).
687 (3) Beginning in [
688 year, an agency shall, for each active project area for which the project area funds collection
689 period has not expired, provide to the database described in Subsection (1) the following
690 information:
691 (a) an assessment of the change in marginal value, including:
692 (i) the base year;
693 (ii) the base taxable value;
694 (iii) the prior year's assessed value;
695 (iv) the estimated current assessed value;
696 (v) the percentage change in marginal value; and
697 (vi) a narrative description of the relative growth in assessed value;
698 (b) the amount of project area funds the agency received for each year of the project
699 area funds collection period, including:
700 (i) a comparison of the actual project area funds received for each year to the amount of
701 project area funds forecasted for each year when the project area was created, if available;
702 (ii) (A) the agency's historical receipts of project area funds, including the tax year for
703 which the agency first received project area funds from the project area; or
704 (B) if the agency has not yet received project area funds from the project area, the year
705 in which the agency expects each project area funds collection period to begin;
706 (iii) a list of each taxing entity that levies or imposes a tax within the project area and a
707 description of the benefits that each taxing entity receives from the project area; and
708 (iv) the amount paid to other taxing entities under Section 17C-1-410, if applicable;
709 (c) a description of current and anticipated project area development, including:
710 (i) a narrative of any significant project area development, including infrastructure
711 development, site development, participation agreements, or vertical construction; and
712 (ii) other details of development within the project area, including:
713 (A) the total developed acreage;
714 (B) the total undeveloped acreage;
715 (C) the percentage of residential development; and
716 (D) the total number of housing units authorized, if applicable;
717 (d) the project area budget , if applicable, or other project area funds analyses,
718 including:
719 (i) each project area funds collection period, including:
720 (A) the start and end date of the project area funds collection period; and
721 (B) the number of years remaining in each project area funds collection period;
722 (ii) the amount of project area funds the agency is authorized to receive from the
723 project area cumulatively and from each taxing entity, including:
724 (A) the total dollar amount; and
725 (B) the percentage of the total amount of project area funds generated within the
726 project area;
727 (iii) the remaining amount of project area funds the agency is authorized to receive
728 from the project area cumulatively and from each taxing entity; and
729 (iv) the amount of project area funds the agency is authorized to use to pay for the
730 agency's administrative costs, as described in Subsection 17C-1-409(1), including:
731 (A) the total dollar amount; and
732 (B) the percentage of the total amount of all project area funds;
733 (e) the estimated amount of project area funds that the agency is authorized to receive
734 from the project area for the current calendar year;
735 (f) the estimated amount of project area funds to be paid to the agency for the next
736 calendar year;
737 (g) a map of the project area; and
738 (h) any other relevant information the agency elects to provide.
739 (4) (a) Until the Governor's Office of Economic [
740 database as required in Subsection (1), an agency shall, on or before November 1 of each
741 calendar year, electronically submit a report to:
742 (i) the community in which the agency operates;
743 (ii) the county auditor;
744 (iii) the State Tax Commission;
745 (iv) the State Board of Education; and
746 (v) each taxing entity from which the agency receives project area funds.
747 (b) An agency shall ensure that the report described in Subsection (4)(a):
748 (i) contains the same information described in Subsection (3); and
749 (ii) is posted on the website of the community in which the agency operates.
750 (5) Any information an agency submits in accordance with this section:
751 (a) is for informational purposes only; and
752 (b) does not alter the amount of project area funds that an agency is authorized to
753 receive from a project area.
754 (6) The provisions of this section apply regardless of when the agency or project area is
755 created.
756 Section 14. Section 17D-1-507 is amended to read:
757 17D-1-507. Guaranteed bonds.
758 (1) Before a special service district may issue guaranteed bonds:
759 (a) the special service district shall:
760 (i) obtain a report:
761 (A) prepared by:
762 (I) a qualified, registered architect or engineer; or
763 (II) a person qualified by experience appropriate to the project proposed to be funded
764 by the proceeds from the guaranteed bonds;
765 (B) setting forth:
766 (I) a description of the project proposed to be funded by the proceeds from the
767 guaranteed bonds;
768 (II) the estimated or, if available, the actual cost of the project;
769 (III) the principal amount and date and amount of each stated maturity of:
770 (Aa) the guaranteed bonds to be issued; and
771 (Bb) any outstanding guaranteed bonds of the special service district;
772 (IV) the interest rate or rates of any outstanding guaranteed bonds of the special service
773 district;
774 (V) the amount of the annual debt service for each year during the life of all
775 outstanding guaranteed bonds issued by the special service district;
776 (VI) the estimated amount of the annual debt service for each year during the life of all
777 guaranteed bonds that the special service district intends to issue to finance all or any part of
778 the project; and
779 (VII) the date or estimated date that the project will be complete; and
780 (ii) submit to the Governor's Office of Economic [
781 (A) the report described in Subsection (1)(a)(i);
782 (B) a copy of each proposed guarantee of the guaranteed bonds, certified by the special
783 service district;
784 (C) a legal opinion indicating that each guarantee, when executed, will be the legal and
785 binding obligation of the taxpayer executing the guarantee in accordance with the terms of the
786 guarantee; and
787 (D) evidence satisfactory to the Governor's Office of Economic [
788 Opportunity from each taxpayer executing a guarantee of the guaranteed bonds as to the
789 financial ability of the taxpayer to perform under the guarantee;
790 (b) the Governor's Office of Economic [
791 the issuance of the guaranteed bonds, deliver to the special service district governing body a
792 written statement of its approval; and
793 (c) the special service district governing body shall file the written approval statement
794 under Subsection (1)(b) with the recorder of the county in which the special service district is
795 located.
796 (2) The issuance of guaranteed bonds is conditioned upon the approval of special
797 service district voters at an election held for that purpose as provided in Title 11, Chapter 14,
798 Local Government Bonding Act.
799 (3) Guaranteed bonds that have been issued and remain outstanding shall be included
800 in the determination of the debt limit under Subsection 17D-1-502(4) if the bonds by their
801 terms no longer enjoy the benefit of the guarantee.
802 (4) On July 1 of each year, the governing body shall file with the department of
803 community affairs a report certifying:
804 (a) the total amount of bonds issued by the special service district and other debt then
805 outstanding and subject to the debt limit of Subsection 17D-1-502(4);
806 (b) the total amount of guaranteed bonds then outstanding and not subject to the debt
807 limit of Subsection 17D-1-502(4); and
808 (c) the total amount of guaranteed bonds that, during the preceding 12 months,
809 discontinued to enjoy the benefit of the guarantee.
810 Section 15. Section 35A-1-104.5 is amended to read:
811 35A-1-104.5. Other department duties -- Strategic plan for health system reform
812 -- Reporting suspected misuse of a Social Security number.
813 (1) The department shall work with the Department of Health, the Insurance
814 Department, the Governor's Office of Economic [
815 Legislature to develop the health system reform.
816 (2) In the process of determining an individual's eligibility for a public benefit or
817 service under this title or under federal law, if the department determines that a valid social
818 security number is being used by an unauthorized individual, the department shall:
819 (a) inform the individual who the department determines to be the likely actual owner
820 of the social security number or, if the likely actual owner is a minor, the minor's parent or
821 guardian, of the suspected misuse; and
822 (b) subject to federal law, provide information of the suspected misuse to an
823 appropriate law enforcement agency responsible for investigating identity fraud.
824 (3) If the department learns or determines that providing information under Subsection
825 (2)(b) is prohibited by federal law, the department shall notify the Legislative Management
826 Committee.
827 Section 16. Section 35A-1-109 is amended to read:
828 35A-1-109. Annual report -- Content -- Format.
829 (1) The department shall prepare and submit to the governor and the Legislature, by
830 October 1 of each year, an annual written report of the operations, activities, programs, and
831 services of the department, including its divisions, offices, boards, commissions, councils, and
832 committees, for the preceding fiscal year.
833 (2) For each operation, activity, program, or service provided by the department, the
834 annual report shall include:
835 (a) a description of the operation, activity, program, or service;
836 (b) data and metrics:
837 (i) selected and used by the department to measure progress, performance,
838 effectiveness, and scope of the operation, activity, program, or service, including summary
839 data; and
840 (ii) that are consistent and comparable for each state operation, activity, program, or
841 service that primarily involves employment training or placement as determined by the
842 executive directors of the department, the Governor's Office of Economic [
843 Opportunity, and the Governor's Office of Management and Budget;
844 (c) budget data, including the amount and source of funding, expenses, and allocation
845 of full-time employees for the operation, activity, program, or service;
846 (d) historical data from previous years for comparison with data reported under
847 Subsections (2)(b) and (c);
848 (e) goals, challenges, and achievements related to the operation, activity, program, or
849 service;
850 (f) relevant federal and state statutory references and requirements;
851 (g) contact information of officials knowledgeable and responsible for each operation,
852 activity, program, or service; and
853 (h) other information determined by the department that:
854 (i) may be needed, useful, or of historical significance; or
855 (ii) promotes accountability and transparency for each operation, activity, program, or
856 service with the public and elected officials.
857 (3) The annual report shall be designed to provide clear, accurate, and accessible
858 information to the public, the governor, and the Legislature.
859 (4) The department shall:
860 (a) submit the annual report in accordance with Section 68-3-14;
861 (b) make the annual report, and previous annual reports, accessible to the public by
862 placing a link to the reports on the department's website; and
863 (c) provide the data and metrics described in Subsection (2)(b) to the [
864
865 Subcommittee created in Section 63N-1b-301.
866 Section 17. Section 35A-1-201 is amended to read:
867 35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
868 Qualifications -- Responsibilities -- Deputy directors.
869 (1) (a) The chief administrative officer of the department is the executive director, who
870 is appointed by the governor with the advice and consent of the Senate.
871 (b) The executive director serves at the pleasure of the governor.
872 (c) The executive director shall receive a salary established by the governor within the
873 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
874 (d) The executive director shall be experienced in administration, management, and
875 coordination of complex organizations.
876 (2) The executive director shall:
877 (a) administer and supervise the department in compliance with Title 67, Chapter 19,
878 Utah State Personnel Management Act;
879 (b) supervise and coordinate between the economic service areas and directors created
880 under Chapter 2, Economic Service Areas;
881 (c) coordinate policies and program activities conducted through the divisions and
882 economic service areas of the department;
883 (d) approve the proposed budget of each division, the Workforce Appeals Board, and
884 each economic service area within the department;
885 (e) approve all applications for federal grants or assistance in support of any
886 department program;
887 (f) coordinate with the executive directors of the Governor's Office of Economic
888 [
889 data and metrics to be reported to the Legislature as described in Subsection 35A-1-109(2)(b);
890 and
891 (g) fulfill such other duties as assigned by the Legislature or as assigned by the
892 governor that are not inconsistent with this title.
893 (3) The executive director may appoint deputy or assistant directors to assist the
894 executive director in carrying out the department's responsibilities.
895 (4) The executive director shall at least annually provide for the sharing of information
896 between the advisory councils established under this title.
897 Section 18. Section 35A-6-105 is amended to read:
898 35A-6-105. Commissioner of Apprenticeship Programs.
899 (1) There is created the position of Commissioner of Apprenticeship Programs within
900 the department.
901 (2) The commissioner shall be appointed by the executive director and chosen from
902 one or more recommendations provided by a majority vote of the State Workforce
903 Development Board.
904 (3) The commissioner may be terminated without cause by the executive director.
905 (4) The commissioner shall:
906 (a) promote and educate the public, including high school guidance counselors and
907 potential participants in apprenticeship programs, about apprenticeship programs offered in the
908 state, including apprenticeship programs offered by private sector businesses, trade groups,
909 labor unions, partnerships with educational institutions, and other associations in the state;
910 (b) coordinate with the department and other stakeholders, including union and
911 nonunion apprenticeship programs, the Office of Apprenticeship, the State Board of Education,
912 the Utah system of higher education, the Department of Commerce, the Division of
913 Occupational and Professional Licensing, and the Governor's Office of Economic
914 [
915 and
916 (c) provide an annual written report to:
917 (i) the department for inclusion in the department's annual written report described in
918 Section 35A-1-109;
919 (ii) the Business, Economic Development, and Labor Appropriations Subcommittee;
920 and
921 (iii) the Higher Education Appropriations Subcommittee.
922 (5) The annual written report described in Subsection (4)(c) shall provide information
923 concerning:
924 (a) the number of available apprenticeship programs in the state;
925 (b) the number of apprentices participating in each program;
926 (c) the completion rate of each program;
927 (d) the cost of state funding for each program; and
928 (e) recommendations for improving apprenticeship programs.
929 Section 19. Section 41-6a-1626 is amended to read:
930 41-6a-1626. Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
931 control devices.
932 (1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
933 unusual noise.
934 (b) A motor vehicle shall be equipped with a muffler or other effective noise
935 suppressing system in good working order and in constant operation.
936 (c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
937 (2) (a) Except while the engine is being warmed to the recommended operating
938 temperature, the engine and power mechanism of a gasoline-powered motor vehicle may not
939 emit visible contaminants during operation.
940 (b) (i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the
941 vehicle's maximum tow weight.
942 (ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible
943 contaminants during operation:
944 (A) except while the engine is being warmed to the recommended operating
945 temperature or under a heavy tow; or
946 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
947 rating in excess of 26,000 pounds.
948 (iii) A diesel engine manufactured before January 1, 2008, may not emit visible
949 contaminants of a shade or density that obscures a contrasting background by more than 20%,
950 for more than five consecutive seconds:
951 (A) except while the engine is being warmed to the recommended operating
952 temperature or under a heavy tow; or
953 (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
954 rating in excess of 26,000 pounds.
955 (c) A person who violates the provisions of Subsection (2)(a) is guilty of an infraction
956 and shall be fined:
957 (i) not less than $50 for a violation; or
958 (ii) not less than $100 for a second or subsequent violation within three years of a
959 previous violation of this section.
960 (d) A person who violates the provisions of Subsection (2)(b) is guilty of an infraction
961 and shall be fined:
962 (i) not less than $100 for a violation; or
963 (ii) not less than $500 for a second or subsequent violation within three years of a
964 previous violation of this section.
965 (e) (i) As used in this section:
966 (A) "Local health department" means the same as that term is defined in Section
967 26A-1-102.
968 (B) "Nonattainment area" means [
969
970 Air Quality Standards, as defined in the Clean Air Act Amendments of 1970, Pub. L. No.
971 91-604, Sec. 109, for fine particulate matter (PM 2.5).
972 (ii) Within a nonattainment area, for a second or subsequent violation of Subsection
973 (2)(a) or (2)(b), the court shall report the violations to the local health department at a regular
974 interval.
975 (iii) If the local health department receives a notification as described in Subsection
976 (2)(e)(ii), and the local health department determines that the registered vehicle is unable to
977 meet state or local air emission standards, the local health department shall send notification to
978 the Motor Vehicle Division.
979 (3) (a) If a motor vehicle is equipped by a manufacturer with air pollution control
980 devices, the devices shall be maintained in good working order and in constant operation.
981 (b) For purposes of the first sale of a vehicle at retail, an air pollution control device
982 may be substituted for the manufacturer's original device if the substituted device is at least as
983 effective in the reduction of emissions from the vehicle motor as the air pollution control
984 device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
985 class.
986 (c) A person who renders inoperable an air pollution control device on a motor vehicle
987 is guilty of an infraction.
988 (4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
989 fuel, as defined under Section 59-13-102, when the emissions from the modified or altered
990 motor vehicle are at levels that comply with existing state or federal standards for the emission
991 of pollutants from a motor vehicle of the same class.
992 (5) A violation of Subsection (1), (2), or (3) is an infraction.
993 Section 20. Section 49-11-406 is amended to read:
994 49-11-406. Governor's appointed executives and senior staff -- Appointed
995 legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
996 (1) As used in this section:
997 (a) "Defined benefit balance" means the total amount of the contributions made on
998 behalf of a member to a defined benefit system plus refund interest.
999 (b) "Senior staff" means an at-will employee who reports directly to an elected official,
1000 executive director, or director and includes a deputy director and other similar, at-will
1001 employee positions designated by the governor, the speaker of the House, or the president of
1002 the Senate and filed with the Department of Human Resource Management and the Utah State
1003 Retirement Office.
1004 (2) In accordance with this section and subject to requirements under federal law and
1005 rules made by the board, a member who has service credit from a system may elect to be
1006 exempt from coverage under a defined benefit system and to have the member's defined benefit
1007 balance transferred from the defined benefit system or plan to a defined contribution plan in the
1008 member's own name if the member is:
1009 (a) the state auditor;
1010 (b) the state treasurer;
1011 (c) an appointed executive under Subsection 67-22-2(1)(a);
1012 (d) an employee in the Governor's Office;
1013 (e) senior staff in the Governor's Office of Management and Budget;
1014 (f) senior staff in the Governor's Office of Economic [
1015 (g) senior staff in the Commission on Criminal and Juvenile Justice;
1016 (h) a legislative employee appointed under Subsection 36-12-7(3)(a); or
1017 (i) a legislative employee appointed by the speaker of the House of Representatives, the
1018 House of Representatives minority leader, the president of the Senate, or the Senate minority
1019 leader[
1020 [
1021
1022 (3) An election made under Subsection (2):
1023 (a) is final, and no right exists to make any further election;
1024 (b) is considered a request to be exempt from coverage under a defined benefits
1025 system; and
1026 (c) shall be made on forms provided by the office.
1027 (4) The board shall adopt rules to implement and administer this section.
1028 Section 21. Section 53B-1-114 is amended to read:
1029 53B-1-114. Coordination for education.
1030 (1) At least quarterly, in order to coordinate education services, the commissioner and
1031 the state superintendent of public instruction shall convene a meeting of individuals who have
1032 responsibilities related to Utah's education system, including:
1033 (a) the state superintendent of public instruction;
1034 (b) the commissioner;
1035 (c) the executive director of the Department of Workforce Services described in
1036 Section 35A-1-201;
1037 (d) the executive director of the Governor's Office of Economic [
1038 Opportunity described in Section [
1039 (e) the chair of the State Board of Education;
1040 (f) the chair of the Utah Board of Higher Education;
1041 (g) a member of the governor's staff; and
1042 (h) the chairs of the Education Interim Committee.
1043 (2) The coordinating group described in this section shall, for the State Board of
1044 Education and the Utah Board of Higher Education:
1045 (a) coordinate strategic planning efforts;
1046 (b) encourage alignment of strategic plans; and
1047 (c) report on the State Board of Education's strategic plan to the Utah Board of Higher
1048 Education and the Utah Board of Higher Education's strategic plan to the State Board of
1049 Education.
1050 (3) A meeting described in Subsection (1) is not subject to Title 52, Chapter 4, Open
1051 and Public Meetings Act.
1052 Section 22. Section 53B-1-301 is amended to read:
1053 53B-1-301. Reports to and actions of the Higher Education Appropriations
1054 Subcommittee.
1055 (1) In accordance with applicable provisions and Section 68-3-14, the following
1056 recurring reports are due to the Higher Education Appropriations Subcommittee:
1057 (a) the reports described in Sections 34A-2-202.5, 53B-17-804, and 59-9-102.5 by the
1058 Rocky Mountain Center for Occupational and Environmental Health;
1059 (b) the report described in Section 53B-7-101 by the board on recommended
1060 appropriations for higher education institutions, including the report described in Section
1061 53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
1062 (c) the report described in Section 53B-7-704 by the Department of Workforce
1063 Services and the Governor's Office of Economic [
1064 (d) the reports described in Section 53B-7-705 by the board on performance;
1065 (e) the report described in Section 53B-8-201 by the board on the Regents' Scholarship
1066 Program;
1067 (f) the report described in Section 53B-8-303 by the board regarding Access Utah
1068 promise scholarships;
1069 (g) the report described in Section 53B-8d-104 by the Division of Child and Family
1070 Services on tuition waivers for wards of the state;
1071 (h) the report described in Section 53B-12-107 by the Utah Higher Education
1072 Assistance Authority;
1073 (i) the report described in Section 53B-13a-104 by the board on the Success Stipend
1074 Program;
1075 (j) the report described in Section 53B-17-201 by the University of Utah regarding the
1076 Miners' Hospital for Disabled Miners;
1077 (k) the report described in Section 53B-26-103 by the Governor's Office of Economic
1078 [
1079 growth;
1080 (l) the report described in Section 53B-26-202 by the Medical Education Council on
1081 projected demand for nursing professionals; and
1082 (m) the report described in Section 53E-10-308 by the State Board of Education and
1083 board on student participation in the concurrent enrollment program.
1084 (2) In accordance with applicable provisions and Section 68-3-14, the following
1085 occasional reports are due to the Higher Education Appropriations Subcommittee:
1086 (a) upon request, the information described in Section 53B-8a-111 submitted by the
1087 Utah Educational Savings Plan;
1088 (b) as described in Section 53B-26-103, a proposal by an eligible partnership related to
1089 workforce needs for technical jobs projected to support economic growth;
1090 (c) a proposal described in Section 53B-26-202 by an eligible program to respond to
1091 projected demand for nursing professionals;
1092 (d) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
1093 on the fire and rescue training program described in Section 53B-29-202; and
1094 (e) the reports described in Section 63C-19-202 by the Higher Education Strategic
1095 Planning Commission on the commission's progress.
1096 (3) In accordance with applicable provisions, the Higher Education Appropriations
1097 Subcommittee shall complete the following:
1098 (a) as required by Section 53B-7-703, the review of performance funding described in
1099 Section 53B-7-703;
1100 (b) the review described in Section 53B-7-705 of the implementation of performance
1101 funding;
1102 (c) an appropriation recommendation described in Section 53B-26-103 to fund a
1103 proposal responding to workforce needs of a strategic industry cluster;
1104 (d) an appropriation recommendation described in Section 53B-26-202 to fund a
1105 proposal responding to projected demand for nursing professionals; and
1106 (e) review of the report described in Section 63B-10-301 by the University of Utah on
1107 the status of a bond and bond payments specified in Section 63B-10-301.
1108 Section 23. Section 53B-7-702 is amended to read:
1109 53B-7-702. Definitions.
1110 As used in this part:
1111 (1) "Account" means the Performance Funding Restricted Account created in Section
1112 53B-7-703.
1113 (2) "Estimated revenue growth from targeted jobs" means the estimated increase in
1114 individual income tax revenue generated by individuals employed in targeted jobs, determined
1115 by the Department of Workforce Services in accordance with Section 53B-7-704.
1116 (3) "Full new performance funding amount" means the maximum amount of new
1117 performance funding that a degree-granting institution or technical college may qualify for in a
1118 fiscal year, determined by the Legislature in accordance with Section 53B-7-705.
1119 (4) "Full-time" means the number of credit hours the board determines is full-time
1120 enrollment for a student.
1121 (5) [
1122 [
1123 (6) "Job" means an occupation determined by the Department of Workforce Services.
1124 (7) "Membership hour" means 60 minutes of scheduled instruction provided by a
1125 technical college to a student enrolled in the technical college.
1126 (8) "New performance funding" means the difference between the total amount of
1127 money in the account and the amount of money appropriated from the account for performance
1128 funding in the current fiscal year.
1129 (9) "Performance" means total performance across the metrics described in:
1130 (a) Section 53B-7-706 for a degree-granting institution; or
1131 (b) Section 53B-7-707 for a technical college.
1132 (10) "Research university" means the University of Utah or Utah State University.
1133 (11) "Targeted job" means a job designated by the Department of Workforce Services
1134 or [
1135 (12) "Technical college graduate" means an individual who:
1136 (a) has earned a certificate from an accredited program at a technical college; and
1137 (b) is no longer enrolled in the technical college.
1138 Section 24. Section 53B-7-704 is amended to read:
1139 53B-7-704. Designation of targeted jobs -- Determination of estimated revenue
1140 growth from targeted jobs -- Reporting.
1141 (1) As used in this section, "baseline amount" means the average annual wages for
1142 targeted jobs over calendar years 2014, 2015, and 2016, as determined by the Department of
1143 Workforce Services using the best available information.
1144 (2) (a) The Department of Workforce Services shall designate, as a targeted job, a job
1145 that:
1146 (i) has a base employment level of at least 100 individuals;
1147 (ii) ranks in the top 20% of jobs for outlook based on:
1148 (A) projected number of openings; and
1149 (B) projected rate of growth;
1150 (iii) ranks in the top 20% of jobs for median annual wage; and
1151 (iv) requires postsecondary training.
1152 (b) The Department of Workforce Services shall designate targeted jobs every other
1153 year.
1154 (c) [
1155 Workforce Services and industry representatives, designate a job that has significant industry
1156 importance as a targeted job.
1157 (d) Annually, the Department of Workforce Services and [
1158 shall report to the Higher Education Appropriations Subcommittee on targeted jobs, including:
1159 (i) the method used to determine which jobs are targeted jobs;
1160 (ii) changes to which jobs are targeted jobs; and
1161 (iii) the reasons for each change described in Subsection (2)(d)(ii).
1162 (3) Based on the targeted jobs described in Subsection (2), the Department of
1163 Workforce Services shall annually determine the estimated revenue growth from targeted jobs
1164 by:
1165 (a) determining the total estimated wages for targeted jobs for the year:
1166 (i) based on the average wages for targeted jobs, calculated using the most recently
1167 available wage data and data from each of the two years before the most recently available
1168 data; and
1169 (ii) using the best available information;
1170 (b) determining the change in estimated wages for targeted jobs by subtracting the
1171 baseline amount from the total wages for targeted jobs described in Subsection (3)(a); and
1172 (c) multiplying the change in estimated wages for targeted jobs described in Subsection
1173 (3)(b) by 3.6%.
1174 (4) Annually, at least 30 days before the first day of the legislative general session, the
1175 Department of Workforce Services shall report the estimated revenue growth from targeted
1176 jobs to:
1177 (a) the Office of the Legislative Fiscal Analyst; and
1178 (b) the Division of Finance.
1179 Section 25. Section 53B-8-304 is amended to read:
1180 53B-8-304. Utah promise partners.
1181 (1) In consultation with the Talent Ready Utah [
1182 [
1183 employers to be promise partners.
1184 (2) The board may select an employer as a promise partner if the employer:
1185 (a) applies to the board to be a promise partner; and
1186 (b) meets other requirements established by the board in the rules described in
1187 Subsection (5).
1188 (3) An individual employed by a promise partner is eligible to receive a partner award
1189 if the individual:
1190 (a) applies for a partner award;
1191 (b) is admitted to and enrolled in an institution;
1192 (c) is a Utah resident;
1193 (d) does not have an associate or higher postsecondary degree;
1194 (e) meets requirements established by the promise partner related to a partner award;
1195 and
1196 (f) maintains the eligibility requirements described in this Subsection (3) for the full
1197 length of time the individual receives the partner award.
1198 (4) (a) Subject to legislative appropriations and Subsection (4)(b), the board shall
1199 award a partner award to an individual who meets the requirements described in Subsection
1200 (3).
1201 (b) The board may:
1202 (i) award a partner award for up to the portion of tuition and fees for a program at an
1203 institution that is not covered by an employer reimbursement described in Subsection (5)(b);
1204 and
1205 (ii) prioritize awarding partner awards if an appropriation for partner awards is not
1206 sufficient to provide a partner award to each individual who is eligible under Subsection (3).
1207 (c) The board may continue to award a partner award to a recipient who meets the
1208 requirements described in Subsection (3) until the earliest of the following:
1209 (i) two years after the individual initially receives a partner award;
1210 (ii) the recipient uses a partner award to attend an institution for four semesters;
1211 (iii) the recipient completes the requirements for an associate degree; or
1212 (iv) if the recipient attends an institution that does not offer associate degrees, the
1213 recipient has 60 earned credit hours.
1214 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1215 board shall make rules that establish:
1216 (a) requirements for an employer to seek and receive approval from the board for the
1217 employer's employees to receive partner awards;
1218 (b) requirements related to an employer providing reimbursement to an employee who
1219 receives a partner award for a portion of the employee's tuition and fees;
1220 (c) a process for an individual to apply for a partner award;
1221 (d) criteria for the board to prioritize awarding partner awards; and
1222 (e) a requirement that an institution shall, for a recipient of a partner award:
1223 (i) evaluate the recipient's knowledge, skills, and competencies acquired through
1224 formal or informal education outside the traditional postsecondary academic environment; and
1225 (ii) award credit, as applicable, for the recipient's prior learning described in Subsection
1226 (5)(e)(i).
1227 Section 26. Section 53B-10-201 is amended to read:
1228 53B-10-201. Definitions.
1229 As used in this part:
1230 (1) "Full-time" means the number of credit hours the board determines is full-time
1231 enrollment for a student.
1232 (2) [
1233 [
1234 (3) "Incentive loan" means a loan described in Section 53B-10-202.
1235 (4) "Institution" means an institution of higher education described in Subsection
1236 53B-1-102(1)(a).
1237 (5) "Program" means the Talent Development Incentive Loan Program created in
1238 Section 53B-10-202.
1239 (6) "Qualifying degree" means an associate's or a bachelor's degree that qualifies an
1240 individual to work in a qualifying job, as determined by [
1241 Section 53B-10-203.
1242 (7) "Qualifying job" means a job:
1243 (a) described in Section 53B-10-203 for which an individual may receive an incentive
1244 loan for the current two-year period; or
1245 (b) (i) that was selected in accordance with Section 53B-10-203 at the time a recipient
1246 received an incentive loan; and
1247 (ii) (A) for which the recipient is pursuing a qualifying degree;
1248 (B) for which the recipient completed a qualifying degree; or
1249 (C) in which the recipient is working.
1250 (8) "Recipient" means an individual who receives an incentive loan.
1251 Section 27. Section 53B-10-203 is amended to read:
1252 53B-10-203. Selection of qualifying jobs and qualifying degrees.
1253 (1) Every other year, [
1254 (a) five qualifying jobs that:
1255 (i) have the highest demand for new employees; and
1256 (ii) offer high wages; and
1257 (b) the qualifying degrees for each qualifying job.
1258 (2) [
1259 (a) ensure that each qualifying job:
1260 (i) ranks in the top 40% of jobs based on an employment index that considers the job's
1261 growth rate and total openings;
1262 (ii) ranks in the top 40% of jobs for wages; and
1263 (iii) requires an associate's degree or a bachelor's degree; and
1264 (b) report the five qualifying jobs and qualifying degrees to the board.
1265 Section 28. Section 53B-26-102 is amended to read:
1266 53B-26-102. Definitions.
1267 As used in this part:
1268 (1) "CTE" means career and technical education.
1269 (2) "CTE region" means an economic service area created in Section 35A-2-101.
1270 (3) "Eligible partnership" means:
1271 (a) a regional partnership; or
1272 (b) a statewide partnership.
1273 (4) "Employer" means a private employer, public employer, industry association, the
1274 military, or a union.
1275 (5) "Industry advisory group" means:
1276 (a) a group of at least five employers that represent the workforce needs to which a
1277 proposal submitted under Section 53B-26-103 responds; and
1278 (b) a representative of the Governor's Office of Economic [
1279 appointed by the executive director of the Governor's Office of Economic [
1280 Opportunity.
1281 (6) "Institution of higher education" means the University of Utah, Utah State
1282 University, Southern Utah University, Weber State University, Snow College, Dixie State
1283 University, Utah Valley University, or Salt Lake Community College.
1284 (7) "Regional partnership" means a partnership that:
1285 (a) provides educational services within one CTE region; and
1286 (b) is between at least two of the following located in the CTE region:
1287 (i) a technical college;
1288 (ii) a school district or charter school; or
1289 (iii) an institution of higher education.
1290 (8) "Stackable sequence of credentials" means a sequence of credentials that:
1291 (a) an individual can build upon to access an advanced job or higher wage;
1292 (b) is part of a career pathway system;
1293 (c) provides a pathway culminating in the equivalent of an associate's or bachelor's
1294 degree;
1295 (d) facilitates multiple exit and entry points; and
1296 (e) recognizes sub-goals or momentum points.
1297 (9) "Statewide partnership" means a partnership between at least two regional
1298 partnerships.
1299 (10) "Technical college" means:
1300 (a) a college described in Section 53B-2a-105;
1301 (b) the School of Applied Technology at Salt Lake Community College established
1302 under Section 53B-16-209;
1303 (c) Utah State University Eastern established under Section 53B-18-1201;
1304 (d) Utah State University Blanding established under Section 53B-18-1202; or
1305 (e) the Snow College Richfield campus established under Section 53B-16-205.
1306 Section 29. Section 53B-26-103 is amended to read:
1307 53B-26-103. GO Utah office reporting requirement -- Proposals -- Funding.
1308 (1) Every other year, the Governor's Office of Economic [
1309 shall report to the Higher Education Appropriations Subcommittee and the board on the high
1310 demand technical jobs projected to support economic growth in the following high need
1311 strategic industry clusters:
1312 (a) aerospace and defense;
1313 (b) energy and natural resources;
1314 (c) financial services;
1315 (d) life sciences;
1316 (e) outdoor products;
1317 (f) software development and information technology; and
1318 (g) any other strategic industry cluster designated by the Governor's Office of
1319 Economic [
1320 (2) To receive funding under this section, an eligible partnership shall submit a
1321 proposal containing the elements described in Subsection (3) to the Higher Education
1322 Appropriations Subcommittee on or before January 5 for fiscal year 2018 and any succeeding
1323 fiscal year.
1324 (3) A proposal described in Subsection (2) shall include:
1325 (a) a program of instruction that:
1326 (i) is responsive to the workforce needs of a strategic industry cluster described in
1327 Subsection (1):
1328 (A) in one CTE region, for a proposal submitted by a regional partnership; or
1329 (B) in at least two CTE regions, for a proposal submitted by a statewide partnership;
1330 (ii) leads to the attainment of a stackable sequence of credentials; and
1331 (iii) includes a non-duplicative progression of courses that include both academic and
1332 CTE content;
1333 (b) expected student enrollment, attainment rates, and job placement rates;
1334 (c) evidence of input and support for the proposal from an industry advisory group;
1335 (d) a description of any financial or in-kind contributions for the program from an
1336 industry advisory group;
1337 (e) a description of the job opportunities available at each exit point in the stackable
1338 sequence of credentials;
1339 (f) evidence of an official action in support of the proposal from the board;
1340 (g) if the program of instruction described in Subsection (3)(a) requires board approval
1341 under Section 53B-16-102, evidence of board approval of the program of instruction; and
1342 (h) a funding request, including justification for the request.
1343 (4) The Higher Education Appropriations Subcommittee shall:
1344 (a) review a proposal submitted under this section using the following criteria:
1345 (i) the proposal contains the elements described in Subsection (3);
1346 (ii) for a proposal from a regional partnership, support for the proposal is widespread
1347 within the CTE region; and
1348 (iii) the proposal expands the capacity to meet state or regional workforce needs;
1349 (b) determine the extent to which to fund the proposal; and
1350 (c) make a recommendation to the Legislature for funding the proposal through the
1351 appropriations process.
1352 (5) An eligible partnership that receives funding under this section:
1353 (a) shall use the money to deliver the program of instruction described in the eligible
1354 partnership's proposal; and
1355 (b) may not use the money for administration.
1356 Section 30. Section 53B-26-303 is amended to read:
1357 53B-26-303. Deep Technology Talent Advisory Council.
1358 (1) There is created the Deep Technology Talent Advisory Council to make
1359 recommendations to the board in the board's administration of the deep technology talent
1360 initiative described in Section 53B-26-302.
1361 (2) The advisory council shall consist of the following members:
1362 (a) two members who have extensive experience in deep technology in the private
1363 sector appointed by the president of the Senate;
1364 (b) two members who have extensive experience in deep technology in the private
1365 sector appointed by the speaker of the House of Representatives;
1366 (c) a representative of the board appointed by the chair of the board;
1367 (d) a representative of the Governor's Office of Economic [
1368 appointed by the executive director of the Governor's Office of Economic [
1369 Opportunity;
1370 (e) one member of the Senate appointed by the president of the Senate;
1371 (f) one member of the House of Representatives appointed by the speaker of the House
1372 of Representatives; and
1373 (g) other specialized industry experts who may be invited by a majority of the advisory
1374 council to participate as needed as nonvoting members.
1375 (3) The board shall provide staff support for the advisory council.
1376 (4) (a) One of the advisory council members appointed under Subsection (2)(a) shall
1377 serve an initial term of two years and one of the advisory council members appointed under
1378 Subsection (2)(b) shall serve an initial term of two years.
1379 (b) Except as described in Subsection (4)(a), all other advisory council members shall
1380 serve an initial term of four years.
1381 (c) Successor advisory council members upon appointment or reappointment shall each
1382 serve a term of four years.
1383 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
1384 appointed by the initial appointing authority for the unexpired term.
1385 (e) An advisory council member may not serve more than two consecutive terms.
1386 (5) A vote of a majority of the advisory council members is necessary to take action on
1387 behalf of the advisory council.
1388 (6) The duties of the advisory council include reviewing, prioritizing, and making
1389 recommendations to the board regarding proposals for funding under the deep technology
1390 talent initiative described in Section 53B-26-302.
1391 (7) A member may not receive compensation or benefits for the member's service, but
1392 a member who is not a legislator may receive per diem and travel expenses in accordance with:
1393 (a) Sections 63A-3-106 and 63A-3-107; and
1394 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1395 63A-3-107.
1396 Section 31. Section 53B-30-101 is enacted to read:
1397
1398
1399 53B-30-101. Title.
1400 This chapter is known as the "Career Readiness Act."
1401 Section 32. Section 53B-30-102 is enacted to read:
1402 53B-30-102. Definitions.
1403 As used in this chapter:
1404 (1) "Education provider" means:
1405 (a) an institution of higher education listed in Section 53B-2-101; or
1406 (b) a nonprofit Utah provider of postsecondary education.
1407 (2) "Student user" means:
1408 (a) a Utah student in kindergarten through grade 12;
1409 (b) a Utah postsecondary education student;
1410 (c) a parent or guardian of a Utah public education student; or
1411 (d) a Utah potential postsecondary education student.
1412 Section 33. Section 53B-30-201, which is renumbered from Section 63N-12-509 is
1413 renumbered and amended to read:
1414
1415 [
1416 [
1417 [
1418 [
1419 [
1420 [
1421 [
1422 [
1423 [
1424 [
1425 [
1426
1427 (1) The board shall develop and administer a state online career counseling program in
1428 accordance with this section.
1429 (2) The [
1430
1431 (a) [
1432 (i) access, subject to Subsection (3), information about an education provider or a
1433 scholarship provider;
1434 (ii) access information about different career opportunities and understand the related
1435 educational requirements to enter that career;
1436 (iii) access information about education providers;
1437 (iv) access up to date information about entrance requirements to education providers;
1438 and
1439 [
1440
1441 [
1442
1443
1444 [
1445 and apply for those jobs without having to leave the website to do so;
1446 (b) [
1447 (i) access information about different career opportunities and understand the related
1448 educational requirements to enter that career;
1449 (ii) access information about education providers; and
1450 (iii) access up-to-date information about entrance requirements to education providers;
1451 [
1452
1453 [
1454
1455
1456 [
1457
1458 (c) [
1459 (i) request that [
1460 interested in various educational opportunities;
1461 (ii) promote the education provider's programs and schools to student users; and
1462 (iii) connect with student users within the [
1463 (d) [
1464 (i) request that [
1465 pursuing educational opportunities that are consistent with jobs the Utah business is trying to
1466 fill now or in the future; and
1467 (ii) market jobs and communicate with student users through the [
1468 program's website as allowed by law; and
1469 (e) provide analysis and reporting on student user interests and education paths within
1470 the education system[
1471 [
1472
1473 (3) A student may access information described in Subsection (2)(a)(i) only if [
1474
1475 (a) of a student's parent or legal guardian through the student's school or LEA; or
1476 (b) for a student who is age 18 or older or an emancipated minor, from the student.
1477 (4) The [
1478 (a) may charge a fee to a Utah business for services provided by [
1479 program under this section; and
1480 (b) shall establish a fee described in Subsection (4)(a) in accordance with Section
1481 63J-1-504.
1482 Section 34. Section 54-4-41 is amended to read:
1483 54-4-41. Recovery of investment in utility-owned vehicle charging infrastructure.
1484 (1) As used in this section, "charging infrastructure program" means the program
1485 described in Subsection (2).
1486 (2) The commission shall authorize a large-scale electric utility program that:
1487 (a) allows for funding from large-scale electric utility customers for a maximum of
1488 $50,000,000 for all costs and expenses associated with:
1489 (i) the deployment of utility-owned vehicle charging infrastructure; and
1490 (ii) utility vehicle charging service provided by the large-scale electric utility;
1491 (b) creates a new customer class, with a utility vehicle charging service rate structure
1492 that:
1493 (i) is determined by the commission to be in the public interest;
1494 (ii) is a transitional rate structure expected to allow the large-scale electric utility to
1495 recover, through charges to utility vehicle charging service customers, the large-scale electric
1496 utility's full cost of service for utility-owned vehicle charging infrastructure and utility vehicle
1497 charging service over a reasonable time frame determined by the commission; and
1498 (iii) may allow different rates for large-scale electric utility customers to reflect
1499 contributions to investment; and
1500 (c) includes a transportation plan that promotes:
1501 (i) the deployment of utility-owned vehicle charging infrastructure in the public
1502 interest; and
1503 (ii) the availability of utility vehicle charging service.
1504 (3) Before submitting a proposed charging infrastructure program to the commission
1505 for commission approval under Subsection (2), a large-scale electric utility shall seek and
1506 consider input from:
1507 (a) the Division of Public Utilities, established in Section 54-4a-1;
1508 (b) the Office of Consumer Services, created in Section 54-10a-201;
1509 (c) the Division of Air Quality, created in Section 19-1-105;
1510 (d) the Department of Transportation, created in Section 72-1-201;
1511 (e) the Governor's Office of Economic [
1512 [
1513 (f) the Office of Energy Development, created in Section 63M-4-401;
1514 (g) the board of the Utah Inland Port Authority, created in Section 11-58-201;
1515 (h) representatives of the Point of the Mountain State Land Development Authority,
1516 created in Section 11-59-201;
1517 (i) third-party electric vehicle battery charging service operators; and
1518 (j) any other person who files a request for notice with the commission.
1519 (4) The commission shall find a charging infrastructure program to be in the public
1520 interest if the commission finds that the charging infrastructure program:
1521 (a) increases the availability of electric vehicle battery charging service in the state;
1522 (b) enables the significant deployment of infrastructure that supports electric vehicle
1523 battery charging service and utility-owned vehicle charging infrastructure in a manner
1524 reasonably expected to increase electric vehicle adoption;
1525 (c) includes an evaluation of investments in the areas of the authority jurisdictional
1526 land, as defined in Section 11-58-102, and the point of the mountain state land, as defined in
1527 Section 11-59-102;
1528 (d) enables competition, innovation, and customer choice in electric vehicle battery
1529 charging services, while promoting low-cost services for electric vehicle battery charging
1530 customers; and
1531 (e) provides for ongoing coordination with the Department of Transportation, created
1532 in Section 72-1-201.
1533 (5) The commission may, consistent with Subsection (2), approve an amendment to the
1534 charging infrastructure program if the large-scale electric utility demonstrates that the
1535 amendment:
1536 (a) is prudent;
1537 (b) will provide net benefits to customers; and
1538 (c) is otherwise consistent with the requirements of Subsection (2).
1539 (6) The commission shall authorize recovery of a large-scale electric utility's
1540 investment in utility-owned vehicle charging infrastructure through a balancing account or
1541 other ratemaking treatment that reflects:
1542 (a) charging infrastructure program costs associated with prudent investment, including
1543 the large-scale electric utility's pre-tax average weighted cost of capital approved by the
1544 commission in the large-scale electric utility's most recent general rate proceeding, and
1545 associated revenue and prudently incurred expenses; and
1546 (b) a carrying charge.
1547 (7) A large-scale electric utility's investment in utility-owned vehicle charging
1548 infrastructure is prudently made if the large-scale electric utility demonstrates in a formal
1549 adjudicative proceeding before the commission that the investment can reasonably be
1550 anticipated to:
1551 (a) result in one or more projects that are in the public interest of the large-scale
1552 electric utility's customers to reduce transportation sector emissions over a reasonable time
1553 period as determined by the commission;
1554 (b) provide the large-scale electric utility's customers significant benefits that may
1555 include revenue from utility vehicle charging service that offsets the large-scale electric utility's
1556 costs and expenses; and
1557 (c) facilitate any other measure that the commission determines:
1558 (i) promotes deployment of utility-owned vehicle charging infrastructure and utility
1559 vehicle charging service; or
1560 (ii) creates significant benefits in the long term for customers of the large-scale electric
1561 utility.
1562 (8) A large-scale electric utility that establishes and implements a charging
1563 infrastructure program shall annually, on or before June 1, submit a written report to the Public
1564 Utilities, Energy, and Technology Interim Committee of the Legislature about the charging
1565 infrastructure program's activities during the previous calendar year, including information on:
1566 (a) the charging infrastructure program's status, operation, funding, and benefits;
1567 (b) the disposition of charging infrastructure program funds; and
1568 (c) the charging infrastructure program's impact on rates.
1569 Section 35. Section 59-1-403 is amended to read:
1570 59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
1571 (1) (a) Any of the following may not divulge or make known in any manner any
1572 information gained by that person from any return filed with the commission:
1573 (i) a tax commissioner;
1574 (ii) an agent, clerk, or other officer or employee of the commission; or
1575 (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
1576 town.
1577 (b) An official charged with the custody of a return filed with the commission is not
1578 required to produce the return or evidence of anything contained in the return in any action or
1579 proceeding in any court, except:
1580 (i) in accordance with judicial order;
1581 (ii) on behalf of the commission in any action or proceeding under:
1582 (A) this title; or
1583 (B) other law under which persons are required to file returns with the commission;
1584 (iii) on behalf of the commission in any action or proceeding to which the commission
1585 is a party; or
1586 (iv) on behalf of any party to any action or proceeding under this title if the report or
1587 facts shown by the return are directly involved in the action or proceeding.
1588 (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may
1589 admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
1590 pertinent to the action or proceeding.
1591 (2) This section does not prohibit:
1592 (a) a person or that person's duly authorized representative from receiving a copy of
1593 any return or report filed in connection with that person's own tax;
1594 (b) the publication of statistics as long as the statistics are classified to prevent the
1595 identification of particular reports or returns; and
1596 (c) the inspection by the attorney general or other legal representative of the state of the
1597 report or return of any taxpayer:
1598 (i) who brings action to set aside or review a tax based on the report or return;
1599 (ii) against whom an action or proceeding is contemplated or has been instituted under
1600 this title; or
1601 (iii) against whom the state has an unsatisfied money judgment.
1602 (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the
1603 commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
1604 Rulemaking Act, provide for a reciprocal exchange of information with:
1605 (i) the United States Internal Revenue Service; or
1606 (ii) the revenue service of any other state.
1607 (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1608 corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
1609 Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
1610 other written statements with the federal government, any other state, any of the political
1611 subdivisions of another state, or any political subdivision of this state, except as limited by
1612 Sections 59-12-209 and 59-12-210, if the political subdivision, other state, or the federal
1613 government grant substantially similar privileges to this state.
1614 (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1615 corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
1616 Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
1617 identity and other information of taxpayers who have failed to file tax returns or to pay any tax
1618 due.
1619 (d) Notwithstanding Subsection (1), the commission shall provide to the director of the
1620 Division of Environmental Response and Remediation, as defined in Section 19-6-402, as
1621 requested by the director of the Division of Environmental Response and Remediation, any
1622 records, returns, or other information filed with the commission under Chapter 13, Motor and
1623 Special Fuel Tax Act, or Section 19-6-410.5 regarding the environmental assurance program
1624 participation fee.
1625 (e) Notwithstanding Subsection (1), at the request of any person the commission shall
1626 provide that person sales and purchase volume data reported to the commission on a report,
1627 return, or other information filed with the commission under:
1628 (i) Chapter 13, Part 2, Motor Fuel; or
1629 (ii) Chapter 13, Part 4, Aviation Fuel.
1630 (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,
1631 as defined in Section 59-22-202, the commission shall report to the manufacturer:
1632 (i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1633 manufacturer and reported to the commission for the previous calendar year under Section
1634 59-14-407; and
1635 (ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1636 manufacturer for which a tax refund was granted during the previous calendar year under
1637 Section 59-14-401 and reported to the commission under Subsection 59-14-401(1)(a)(v).
1638 (g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
1639 distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
1640 from selling cigarettes to consumers within the state under Subsection 59-14-210(2).
1641 (h) Notwithstanding Subsection (1), the commission may:
1642 (i) provide to the Division of Consumer Protection within the Department of
1643 Commerce and the attorney general data:
1644 (A) reported to the commission under Section 59-14-212; or
1645 (B) related to a violation under Section 59-14-211; and
1646 (ii) upon request, provide to any person data reported to the commission under
1647 Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
1648 (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
1649 of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
1650 Management and Budget, provide to the committee or office the total amount of revenues
1651 collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the
1652 time period specified by the committee or office.
1653 (j) Notwithstanding Subsection (1), the commission shall make the directory required
1654 by Section 59-14-603 available for public inspection.
1655 (k) Notwithstanding Subsection (1), the commission may share information with
1656 federal, state, or local agencies as provided in Subsection 59-14-606(3).
1657 (l) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
1658 Recovery Services within the Department of Human Services any relevant information
1659 obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
1660 who has become obligated to the Office of Recovery Services.
1661 (ii) The information described in Subsection (3)(l)(i) may be provided by the Office of
1662 Recovery Services to any other state's child support collection agency involved in enforcing
1663 that support obligation.
1664 (m) (i) Notwithstanding Subsection (1), upon request from the state court
1665 administrator, the commission shall provide to the state court administrator, the name, address,
1666 telephone number, county of residence, and social security number on resident returns filed
1667 under Chapter 10, Individual Income Tax Act.
1668 (ii) The state court administrator may use the information described in Subsection
1669 (3)(m)(i) only as a source list for the master jury list described in Section 78B-1-106.
1670 (n) (i) As used in this Subsection (3)(n):
1671 (A) [
1672 [
1673 (B) "Income tax information" means information gained by the commission that is
1674 required to be attached to or included in a return filed with the commission under Chapter 7,
1675 Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
1676 (C) "Other tax information" means information gained by the commission that is
1677 required to be attached to or included in a return filed with the commission except for a return
1678 filed under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual
1679 Income Tax Act.
1680 (D) "Tax information" means income tax information or other tax information.
1681 (ii) (A) Notwithstanding Subsection (1) and except as provided in Subsection
1682 (3)(n)(ii)(B) or (C), the commission shall at the request of [
1683 to [
1684 (B) For purposes of a request for income tax information made under Subsection
1685 (3)(n)(ii)(A), [
1686 provide to [
1687 taxpayer identification number.
1688 (C) In providing income tax information to [
1689 commission shall in all instances protect the privacy of a person as required by Subsection
1690 (3)(n)(ii)(B).
1691 (iii) (A) Notwithstanding Subsection (1) and except as provided in Subsection
1692 (3)(n)(iii)(B), the commission shall at the request of [
1693 [
1694 (B) Before providing other tax information to [
1695 commission shall redact or remove any name, address, social security number, or taxpayer
1696 identification number.
1697 (iv) [
1698 commission in accordance with this Subsection (3)(n) only:
1699 (A) as a fiscal estimate, fiscal note information, or statistical information; and
1700 (B) if the tax information is classified to prevent the identification of a particular
1701 return.
1702 (v) (A) A person may not request tax information from [
1703 under Title 63G, Chapter 2, Government Records Access and Management Act, or this section,
1704 if [
1705 accordance with this Subsection (3)(n).
1706 (B) [
1707 information in accordance with Subsection (3)(n)(v)(A) any tax information other than the tax
1708 information [
1709 (o) Notwithstanding Subsection (1), the commission may provide to the governing
1710 board of the agreement or a taxing official of another state, the District of Columbia, the United
1711 States, or a territory of the United States:
1712 (i) the following relating to an agreement sales and use tax:
1713 (A) information contained in a return filed with the commission;
1714 (B) information contained in a report filed with the commission;
1715 (C) a schedule related to Subsection (3)(o)(i)(A) or (B); or
1716 (D) a document filed with the commission; or
1717 (ii) a report of an audit or investigation made with respect to an agreement sales and
1718 use tax.
1719 (p) Notwithstanding Subsection (1), the commission may provide information
1720 concerning a taxpayer's state income tax return or state income tax withholding information to
1721 the Driver License Division if the Driver License Division:
1722 (i) requests the information; and
1723 (ii) provides the commission with a signed release form from the taxpayer allowing the
1724 Driver License Division access to the information.
1725 (q) Notwithstanding Subsection (1), the commission shall provide to the Utah
1726 Communications Authority, or a division of the Utah Communications Authority, the
1727 information requested by the authority under Sections 63H-7a-302, 63H-7a-402, and
1728 63H-7a-502.
1729 (r) Notwithstanding Subsection (1), the commission shall provide to the Utah
1730 Educational Savings Plan information related to a resident or nonresident individual's
1731 contribution to a Utah Educational Savings Plan account as designated on the resident or
1732 nonresident's individual income tax return as provided under Section 59-10-1313.
1733 (s) Notwithstanding Subsection (1), for the purpose of verifying eligibility under
1734 Sections 26-18-2.5 and 26-40-105, the commission shall provide an eligibility worker with the
1735 Department of Health or its designee with the adjusted gross income of an individual if:
1736 (i) an eligibility worker with the Department of Health or its designee requests the
1737 information from the commission; and
1738 (ii) the eligibility worker has complied with the identity verification and consent
1739 provisions of Sections 26-18-2.5 and 26-40-105.
1740 (t) Notwithstanding Subsection (1), the commission may provide to a county, as
1741 determined by the commission, information declared on an individual income tax return in
1742 accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
1743 authorized under Section 59-2-103.
1744 (u) Notwithstanding Subsection (1), the commission shall provide a report regarding
1745 any access line provider that is over 90 days delinquent in payment to the commission of
1746 amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid Wireless
1747 Telecommunications Service Charges, to the board of the Utah Communications Authority
1748 created in Section 63H-7a-201.
1749 (v) Notwithstanding Subsection (1), the commission shall provide the Department of
1750 Environmental Quality a report on the amount of tax paid by a radioactive waste facility for the
1751 previous calendar year under Section 59-24-103.5.
1752 (w) Notwithstanding Subsection (1), the commission may, upon request, provide to the
1753 Department of Workforce Services any information received under Chapter 10, Part 4,
1754 Withholding of Tax, that is relevant to the duties of the Department of Workforce Services.
1755 (x) Notwithstanding Subsection (1), the commission may provide the Public Service
1756 Commission or the Division of Public Utilities information related to a seller that collects and
1757 remits to the commission a charge described in Subsection 69-2-405(2), including the seller's
1758 identity and the number of charges described in Subsection 69-2-405(2) that the seller collects.
1759 (4) (a) Each report and return shall be preserved for at least three years.
1760 (b) After the three-year period provided in Subsection (4)(a) the commission may
1761 destroy a report or return.
1762 (5) (a) Any individual who violates this section is guilty of a class A misdemeanor.
1763 (b) If the individual described in Subsection (5)(a) is an officer or employee of the
1764 state, the individual shall be dismissed from office and be disqualified from holding public
1765 office in this state for a period of five years thereafter.
1766 (c) Notwithstanding Subsection (5)(a) or (b), [
1767 requesting information in accordance with Subsection (3)(n)(iii), or an individual who requests
1768 information in accordance with Subsection (3)(n)(v):
1769 (i) is not guilty of a class A misdemeanor; and
1770 (ii) is not subject to:
1771 (A) dismissal from office in accordance with Subsection (5)(b); or
1772 (B) disqualification from holding public office in accordance with Subsection (5)(b).
1773 (6) Except as provided in Section 59-1-404, this part does not apply to the property tax.
1774 Section 36. Section 59-7-159 is amended to read:
1775 59-7-159. Review of credits allowed under this chapter.
1776 (1) As used in this section, "committee" means the Revenue and Taxation Interim
1777 Committee.
1778 (2) (a) The committee shall review the tax credits described in this chapter as provided
1779 in Subsection (3) and make recommendations concerning whether the tax credits should be
1780 continued, modified, or repealed.
1781 (b) In conducting the review required under Subsection (2)(a), the committee shall:
1782 (i) schedule time on at least one committee agenda to conduct the review;
1783 (ii) invite state agencies, individuals, and organizations concerned with the tax credit
1784 under review to provide testimony;
1785 (iii) (A) invite the Governor's Office of Economic [
1786 present a summary and analysis of the information for each tax credit regarding which the
1787 Governor's Office of Economic [
1788 this chapter; and
1789 (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
1790 analysis of the information for each tax credit regarding which the Office of the Legislative
1791 Fiscal Analyst is required to make a report under this chapter;
1792 (iv) ensure that the committee's recommendations described in this section include an
1793 evaluation of:
1794 (A) the cost of the tax credit to the state;
1795 (B) the purpose and effectiveness of the tax credit; and
1796 (C) the extent to which the state benefits from the tax credit; and
1797 (v) undertake other review efforts as determined by the committee chairs or as
1798 otherwise required by law.
1799 (3) (a) On or before November 30, 2017, and every three years after 2017, the
1800 committee shall conduct the review required under Subsection (2) of the tax credits allowed
1801 under the following sections:
1802 (i) Section 59-7-601;
1803 (ii) Section 59-7-607;
1804 (iii) Section 59-7-612;
1805 (iv) Section 59-7-614.1; and
1806 (v) Section 59-7-614.5.
1807 (b) On or before November 30, 2018, and every three years after 2018, the committee
1808 shall conduct the review required under Subsection (2) of the tax credits allowed under the
1809 following sections:
1810 (i) Section 59-7-609;
1811 (ii) Section 59-7-614.2;
1812 (iii) Section 59-7-614.10;
1813 (iv) Section 59-7-619;
1814 (v) Section 59-7-620; and
1815 (vi) Section 59-7-624.
1816 (c) On or before November 30, 2019, and every three years after 2019, the committee
1817 shall conduct the review required under Subsection (2) of the tax credits allowed under the
1818 following sections:
1819 (i) Section 59-7-610;
1820 (ii) Section 59-7-614; and
1821 (iii) Section 59-7-614.7[
1822 [
1823 (d) (i) In addition to the reviews described in this Subsection (3), the committee shall
1824 conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
1825 2017.
1826 (ii) The committee shall complete a review described in this Subsection (3)(d) three
1827 years after the effective date of the tax credit and every three years after the initial review date.
1828 Section 37. Section 59-7-614.2 is amended to read:
1829 59-7-614.2. Refundable economic development tax credit.
1830 (1) As used in this section:
1831 (a) "Business entity" means a taxpayer that meets the definition of "business entity" as
1832 defined in Section 63N-2-103.
1833 (b) "Community reinvestment agency" means the same as that term is defined in
1834 Section 17C-1-102.
1835 (c) "Incremental job" means the same as that term is defined in Section 63N-1a-102.
1836 [
1837 63N-2-103.
1838 [
1839
1840 (e) "New state [
1841 [
1842 (f) "Office" means the Governor's Office of Economic [
1843 (2) Subject to the other provisions of this section, a business entity, local government
1844 entity, or community reinvestment agency may claim a refundable tax credit for economic
1845 development.
1846 (3) The tax credit under this section is the amount listed as the tax credit amount on the
1847 tax credit certificate that the office issues to the business entity, local government entity, or
1848 community reinvestment agency for the taxable year.
1849 (4) A community reinvestment agency may claim a tax credit under this section only if
1850 a local government entity assigns the tax credit to the community reinvestment agency in
1851 accordance with Section 63N-2-104.
1852 (5) (a) In accordance with any rules prescribed by the commission under Subsection
1853 (5)(b), the commission shall make a refund to the following that claim a tax credit under this
1854 section:
1855 (i) a local government entity;
1856 (ii) a community reinvestment agency; or
1857 (iii) a business entity if the amount of the tax credit exceeds the business entity's tax
1858 liability for a taxable year.
1859 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1860 commission may make rules providing procedures for making a refund to a business entity,
1861 local government entity, or community reinvestment agency as required by Subsection (5)(a).
1862 (6) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
1863 Committee shall study the tax credit allowed by this section and make recommendations
1864 concerning whether the tax credit should be continued, modified, or repealed.
1865 (b) Except as provided in Subsection (6)(c), for purposes of the study required by this
1866 Subsection (6), the office shall provide the following information, if available to the office, to
1867 the Revenue and Taxation Interim Committee by electronic means:
1868 (i) the amount of tax credit that the office grants to each business entity, local
1869 government entity, or community reinvestment agency for each calendar year;
1870 (ii) the criteria that the office uses in granting a tax credit;
1871 (iii) (A) for a business entity, the new state [
1872 business entity for the calendar year; or
1873 (B) for a local government entity, regardless of whether the local government entity
1874 assigns the tax credit in accordance with Section 63N-2-104, the new state [
1875 generated as a result of a new commercial project within the local government entity for each
1876 calendar year;
1877 (iv) estimates for each of the next three calendar years of the following:
1878 (A) the amount of tax credits that the office will grant;
1879 (B) the amount of new state [
1880 (C) the number of new incremental jobs within the state that will be generated;
1881 (v) the information contained in the office's latest report under Section 63N-2-106; and
1882 (vi) any other information that the Revenue and Taxation Interim Committee requests.
1883 (c) (i) In providing the information described in Subsection (6)(b), the office shall
1884 redact information that identifies a recipient of a tax credit under this section.
1885 (ii) If, notwithstanding the redactions made under Subsection (6)(c)(i), reporting the
1886 information described in Subsection (6)(b) might disclose the identity of a recipient of a tax
1887 credit, the office may file a request with the Revenue and Taxation Interim Committee to
1888 provide the information described in Subsection (6)(b) in the aggregate for all entities and
1889 agencies that receive the tax credit under this section.
1890 (d) The Revenue and Taxation Interim Committee shall ensure that the
1891 recommendations described in Subsection (6)(a) include an evaluation of:
1892 (i) the cost of the tax credit to the state;
1893 (ii) the purpose and effectiveness of the tax credit; and
1894 (iii) the extent to which the state benefits from the tax credit.
1895 Section 38. Section 59-7-614.5 is amended to read:
1896 59-7-614.5. Refundable motion picture tax credit.
1897 (1) As used in this section:
1898 (a) "Motion picture company" means a taxpayer that meets the definition of a motion
1899 picture company under Section 63N-8-102.
1900 (b) "Office" means the Governor's Office of Economic [
1901 created in Section [
1902 (c) "State-approved production" means the same as that term is defined in Section
1903 63N-8-102.
1904 (2) For a taxable year beginning on or after January 1, 2009, a motion picture company
1905 may claim a refundable tax credit for a state-approved production.
1906 (3) The tax credit under this section is the amount listed as the tax credit amount on the
1907 tax credit certificate that the office issues to a motion picture company under Section
1908 63N-8-103 for the taxable year.
1909 (4) (a) In accordance with any rules prescribed by the commission under Subsection
1910 (4)(b), the commission shall make a refund to a motion picture company that claims a tax
1911 credit under this section if the amount of the tax credit exceeds the motion picture company's
1912 tax liability for a taxable year.
1913 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1914 commission may make rules providing procedures for making a refund to a motion picture
1915 company as required by Subsection (4)(a).
1916 (5) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
1917 Committee shall study the tax credit allowed by this section and make recommendations
1918 concerning whether the tax credit should be continued, modified, or repealed.
1919 (b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
1920 this Subsection (5), the office shall provide the following information, if available to the office,
1921 to the Office of the Legislative Fiscal Analyst by electronic means:
1922 (A) the amount of tax credit that the office grants to each motion picture company for
1923 each calendar year;
1924 (B) estimates of the amount of tax credit that the office will grant for each of the next
1925 three calendar years;
1926 (C) the criteria that the office uses in granting the tax credit;
1927 (D) the dollars left in the state, as defined in Section 63N-8-102, by each motion
1928 picture company for each calendar year;
1929 (E) the information contained in the office's latest report under Section [
1930 63N-1a-306; and
1931 (F) any other information that the Office of the Legislative Fiscal Analyst requests.
1932 (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
1933 redact information that identifies a recipient of a tax credit under this section.
1934 (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
1935 the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
1936 tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
1937 provide the information described in Subsection (5)(b)(i) in the aggregate for all motion picture
1938 companies that receive the tax credit under this section.
1939 (c) As part of the study required by this Subsection (5), the Office of the Legislative
1940 Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1941 analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1942 office under Subsection (5)(b).
1943 (d) The Revenue and Taxation Interim Committee shall ensure that the
1944 recommendations described in Subsection (5)(a) include an evaluation of:
1945 (i) the cost of the tax credit to the state;
1946 (ii) the effectiveness of the tax credit; and
1947 (iii) the extent to which the state benefits from the tax credit.
1948 Section 39. Section 59-7-614.10 is amended to read:
1949 59-7-614.10. Nonrefundable enterprise zone tax credit.
1950 (1) As used in this section:
1951 (a) "Business entity" means a corporation that meets the definition of "business entity"
1952 as that term is defined in Section 63N-2-202.
1953 (b) "Office" means the Governor's Office of Economic [
1954 created in Section [
1955 (2) Subject to the provisions of this section, a business entity may claim a
1956 nonrefundable enterprise zone tax credit as described in Section 63N-2-213.
1957 (3) The enterprise zone tax credit under this section is the amount listed as the tax
1958 credit amount on the tax credit certificate that the office issues to the business entity for the
1959 taxable year.
1960 (4) A business entity may carry forward a tax credit under this section for a period that
1961 does not exceed the next three taxable years, if the amount of the tax credit exceeds the
1962 business entity's tax liability under this chapter for that taxable year.
1963 (5) A business entity may not claim or carry forward a tax credit under this part for a
1964 taxable year during which the business entity has claimed the targeted business income tax
1965 credit under Section 59-7-624.
1966 (6) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
1967 Committee shall study the tax credit allowed by this section and make recommendations
1968 concerning whether the tax credit should be continued, modified, or repealed.
1969 (b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
1970 this Subsection (6), the office shall provide by electronic means the following information for
1971 each calendar year to the Office of the Legislative Fiscal Analyst:
1972 (A) the amount of tax credits provided in each development zone;
1973 (B) the number of new full-time employee positions reported to obtain tax credits in
1974 each development zone;
1975 (C) the amount of tax credits awarded for rehabilitating a building in each development
1976 zone;
1977 (D) the amount of tax credits awarded for investing in a plant, equipment, or other
1978 depreciable property in each development zone;
1979 (E) the information related to the tax credit contained in the office's latest report under
1980 Section 63N-1-301; and
1981 (F) any other information that the Office of the Legislative Fiscal Analyst requests.
1982 (ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
1983 redact information that identifies a recipient of a tax credit under this section.
1984 (B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
1985 the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
1986 tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
1987 provide the information described in Subsection (6)(b)(i) in the aggregate for all development
1988 zones that receive the tax credit under this section.
1989 (c) As part of the study required by this Subsection (6), the Office of the Legislative
1990 Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1991 analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1992 office under Subsection (6)(b).
1993 (d) The Revenue and Taxation Interim Committee shall ensure that the
1994 recommendations described in Subsection (6)(a) include an evaluation of:
1995 (i) the cost of the tax credit to the state;
1996 (ii) the purpose and effectiveness of the tax credit; and
1997 (iii) the extent to which the state benefits from the tax credit.
1998 Section 40. Section 59-7-621 is amended to read:
1999 59-7-621. Nonrefundable rural job creation tax credit.
2000 (1) As used in this section, "office" means the Governor's Office of Economic
2001 [
2002 (2) Subject to the other provisions of this section, a taxpayer may claim a
2003 nonrefundable tax credit for rural job creation as provided in this section.
2004 (3) The tax credit under this section is the amount listed as the tax credit amount on a
2005 tax credit certificate that the office issues under Title 63N, Chapter 4, Part 3, Utah Rural Jobs
2006 Act, to the taxpayer for the taxable year.
2007 (4) A taxpayer may carry forward a tax credit under this section for the next seven
2008 taxable years if the amount of the tax credit exceeds the taxpayer's tax liability under this
2009 chapter for the taxable year in which the taxpayer claims the tax credit.
2010 Section 41. Section 59-7-624 is amended to read:
2011 59-7-624. Targeted business income tax credit.
2012 (1) As used in this section, "business applicant" means the same as that term is defined
2013 in Section 63N-2-302.
2014 (2) A business applicant that is certified and issued a targeted business income tax
2015 eligibility certificate by the Governor's Office of Economic [
2016 Section 63N-2-304 may claim a refundable tax credit in the amount specified on the targeted
2017 business income tax eligibility certificate.
2018 (3) For a taxable year for which a business applicant claims a targeted business income
2019 tax credit under this section, the business applicant may not claim or carry forward a tax credit
2020 under Section 59-7-610, Section 59-10-1007, or Title 63N, Chapter 2, Part 2, Enterprise Zone
2021 Act.
2022 Section 42. Section 59-10-137 is amended to read:
2023 59-10-137. Review of credits allowed under this chapter.
2024 (1) As used in this section, "committee" means the Revenue and Taxation Interim
2025 Committee.
2026 (2) (a) The committee shall review the tax credits described in this chapter as provided
2027 in Subsection (3) and make recommendations concerning whether the tax credits should be
2028 continued, modified, or repealed.
2029 (b) In conducting the review required under Subsection (2)(a), the committee shall:
2030 (i) schedule time on at least one committee agenda to conduct the review;
2031 (ii) invite state agencies, individuals, and organizations concerned with the tax credit
2032 under review to provide testimony;
2033 (iii) (A) invite the Governor's Office of Economic [
2034 present a summary and analysis of the information for each tax credit regarding which the
2035 Governor's Office of Economic [
2036 this chapter; and
2037 (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
2038 analysis of the information for each tax credit regarding which the Office of the Legislative
2039 Fiscal Analyst is required to make a report under this chapter;
2040 (iv) ensure that the committee's recommendations described in this section include an
2041 evaluation of:
2042 (A) the cost of the tax credit to the state;
2043 (B) the purpose and effectiveness of the tax credit; and
2044 (C) the extent to which the state benefits from the tax credit; and
2045 (v) undertake other review efforts as determined by the committee chairs or as
2046 otherwise required by law.
2047 (3) (a) On or before November 30, 2017, and every three years after 2017, the
2048 committee shall conduct the review required under Subsection (2) of the tax credits allowed
2049 under the following sections:
2050 (i) Section 59-10-1004;
2051 (ii) Section 59-10-1010;
2052 (iii) Section 59-10-1015;
2053 (iv) Section 59-10-1025;
2054 (v) Section 59-10-1027;
2055 (vi) Section 59-10-1031;
2056 (vii) Section 59-10-1032;
2057 (viii) Section 59-10-1035;
2058 (ix) Section 59-10-1104;
2059 (x) Section 59-10-1105; and
2060 (xi) Section 59-10-1108.
2061 (b) On or before November 30, 2018, and every three years after 2018, the committee
2062 shall conduct the review required under Subsection (2) of the tax credits allowed under the
2063 following sections:
2064 (i) Section 59-10-1005;
2065 (ii) Section 59-10-1006;
2066 (iii) Section 59-10-1012;
2067 (iv) Section 59-10-1022;
2068 (v) Section 59-10-1023;
2069 (vi) Section 59-10-1028;
2070 (vii) Section 59-10-1034;
2071 (viii) Section 59-10-1037;
2072 (ix) Section 59-10-1107; and
2073 (x) Section 59-10-1112.
2074 (c) On or before November 30, 2019, and every three years after 2019, the committee
2075 shall conduct the review required under Subsection (2) of the tax credits allowed under the
2076 following sections:
2077 (i) Section 59-10-1007;
2078 (ii) Section 59-10-1014;
2079 (iii) Section 59-10-1017;
2080 (iv) Section 59-10-1018;
2081 (v) Section 59-10-1019;
2082 (vi) Section 59-10-1024;
2083 (vii) Section 59-10-1029;
2084 [
2085 [
2086 [
2087 [
2088 (d) (i) In addition to the reviews described in this Subsection (3), the committee shall
2089 conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
2090 2017.
2091 (ii) The committee shall complete a review described in this Subsection (3)(d) three
2092 years after the effective date of the tax credit and every three years after the initial review date.
2093 Section 43. Section 59-10-1037 is amended to read:
2094 59-10-1037. Nonrefundable enterprise zone tax credit.
2095 (1) As used in this section:
2096 (a) "Business entity" means a claimant, estate, or trust that meets the definition of
2097 "business entity" as that term is defined in Section 63N-2-202.
2098 (b) "Office" means the Governor's Office of Economic [
2099 created in Section [
2100 (2) Subject to the provisions of this section, a business entity may claim a
2101 nonrefundable enterprise zone tax credit as described in Section 63N-2-213.
2102 (3) The enterprise zone tax credit under this section is the amount listed as the tax
2103 credit amount on the tax credit certificate that the office issues to the business entity for the
2104 taxable year.
2105 (4) A business entity may carry forward a tax credit under this section for a period that
2106 does not exceed the next three taxable years, if the amount of the tax credit exceeds the
2107 business entity's tax liability under this chapter for that taxable year.
2108 (5) A business entity may not claim or carry forward a tax credit under this part for a
2109 taxable year during which the business entity has claimed the targeted business income tax
2110 credit under Section 59-10-1112.
2111 (6) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2112 Committee shall study the tax credit allowed by this section and make recommendations
2113 concerning whether the tax credit should be continued, modified, or repealed.
2114 (b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
2115 this Subsection (6), the office shall provide by electronic means the following information, if
2116 available to the office, for each calendar year to the Office of the Legislative Fiscal Analyst:
2117 (A) the amount of tax credits provided in each development zone;
2118 (B) the number of new full-time employee positions reported to obtain tax credits in
2119 each development zone;
2120 (C) the amount of tax credits awarded for rehabilitating a building in each development
2121 zone;
2122 (D) the amount of tax credits awarded for investing in a plant, equipment, or other
2123 depreciable property in each development zone;
2124 (E) the information related to the tax credit contained in the office's latest report under
2125 Section [
2126 (F) other information that the Office of the Legislative Fiscal Analyst requests.
2127 (ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
2128 redact information that identifies a recipient of a tax credit under this section.
2129 (B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
2130 the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
2131 tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
2132 provide the information described in Subsection (6)(b)(i) in the aggregate for all development
2133 zones that receive the tax credit under this section.
2134 (c) As part of the study required by this Subsection (6), the Office of the Legislative
2135 Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
2136 analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
2137 office under Subsection (6)(b).
2138 (d) The Revenue and Taxation Interim Committee shall ensure that the
2139 recommendations described in Subsection (6)(a) include an evaluation of:
2140 (i) the cost of the tax credit to the state;
2141 (ii) the purpose and effectiveness of the tax credit; and
2142 (iii) the extent to which the state benefits from the tax credit.
2143 Section 44. Section 59-10-1038 is amended to read:
2144 59-10-1038. Nonrefundable rural job creation tax credit.
2145 (1) As used in this section, "office" means the Governor's Office of Economic
2146 [
2147 (2) Subject to the other provisions of this section, a taxpayer may claim a
2148 nonrefundable tax credit for rural job creation as provided in this section.
2149 (3) The tax credit under this section is the amount listed as the tax credit amount on a
2150 tax credit certificate that the office issues under Title 63N, Chapter 4, Part 3, Utah Rural Jobs
2151 Act, to the taxpayer for the taxable year.
2152 (4) A taxpayer may carry forward a tax credit under this section for the next seven
2153 taxable years if the amount of the tax credit exceeds the taxpayer's tax liability under this
2154 chapter for the taxable year in which the taxpayer claims the tax credit.
2155 Section 45. Section 59-10-1107 is amended to read:
2156 59-10-1107. Refundable economic development tax credit.
2157 (1) As used in this section:
2158 (a) "Business entity" means a claimant, estate, or trust that meets the definition of
2159 "business entity" as defined in Section 63N-2-103.
2160 [
2161
2162 (b) "Incremental job" means the same as that term is defined in Section 63N-1a-102.
2163 (c) "New state [
2164 [
2165 (d) "Office" means the Governor's Office of Economic [
2166 (2) Subject to the other provisions of this section, a business entity may claim a
2167 refundable tax credit for economic development.
2168 (3) The tax credit under this section is the amount listed as the tax credit amount on the
2169 tax credit certificate that the office issues to the business entity for the taxable year.
2170 (4) (a) In accordance with any rules prescribed by the commission under Subsection
2171 (4)(b), the commission shall make a refund to a business entity that claims a tax credit under
2172 this section if the amount of the tax credit exceeds the business entity's tax liability for a
2173 taxable year.
2174 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2175 commission may make rules providing procedures for making a refund to a business entity as
2176 required by Subsection (4)(a).
2177 (5) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2178 Committee shall study the tax credit allowed by this section and make recommendations
2179 concerning whether the tax credit should be continued, modified, or repealed.
2180 (b) Except as provided in Subsection (5)(c), for purposes of the study required by this
2181 Subsection (5), the office shall provide the following information, if available to the office, to
2182 the Revenue and Taxation Interim Committee by electronic means:
2183 (i) the amount of tax credit the office grants to each taxpayer for each calendar year;
2184 (ii) the criteria the office uses in granting a tax credit;
2185 (iii) the new state [
2186 year;
2187 (iv) estimates for each of the next three calendar years of the following:
2188 (A) the amount of tax credits that the office will grant;
2189 (B) the amount of new state [
2190 (C) the number of new incremental jobs within the state that will be generated;
2191 (v) the information contained in the office's latest report under Section 63N-2-106; and
2192 (vi) any other information that the Revenue and Taxation Interim Committee requests.
2193 (c) (i) In providing the information described in Subsection (5)(b), the office shall
2194 redact information that identifies a recipient of a tax credit under this section.
2195 (ii) If, notwithstanding the redactions made under Subsection (5)(c)(i), reporting the
2196 information described in Subsection (5)(b) might disclose the identity of a recipient of a tax
2197 credit, the office may file a request with the Revenue and Taxation Interim Committee to
2198 provide the information described in Subsection (5)(b) in the aggregate for all taxpayers that
2199 receive the tax credit under this section.
2200 (d) The Revenue and Taxation Interim Committee shall ensure that the
2201 recommendations described in Subsection (5)(a) include an evaluation of:
2202 (i) the cost of the tax credit to the state;
2203 (ii) the purpose and effectiveness of the tax credit; and
2204 (iii) the extent to which the state benefits from the tax credit.
2205 Section 46. Section 59-10-1108 is amended to read:
2206 59-10-1108. Refundable motion picture tax credit.
2207 (1) As used in this section:
2208 (a) "Motion picture company" means a claimant, estate, or trust that meets the
2209 definition of a motion picture company under Section 63N-8-102.
2210 (b) "Office" means the Governor's Office of Economic [
2211 created in Section [
2212 (c) "State-approved production" means the same as that term is defined in Section
2213 63N-8-102.
2214 (2) For a taxable year beginning on or after January 1, 2009, a motion picture company
2215 may claim a refundable tax credit for a state-approved production.
2216 (3) The tax credit under this section is the amount listed as the tax credit amount on the
2217 tax credit certificate that the office issues to a motion picture company under Section
2218 63N-8-103 for the taxable year.
2219 (4) (a) In accordance with any rules prescribed by the commission under Subsection
2220 (4)(b), the commission shall make a refund to a motion picture company that claims a tax
2221 credit under this section if the amount of the tax credit exceeds the motion picture company's
2222 tax liability for the taxable year.
2223 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2224 commission may make rules providing procedures for making a refund to a motion picture
2225 company as required by Subsection (4)(a).
2226 (5) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2227 Committee shall study the tax credit allowed by this section and make recommendations
2228 concerning whether the tax credit should be continued, modified, or repealed.
2229 (b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
2230 this Subsection (5), the office shall provide the following information, if available to the office,
2231 to the Office of the Legislative Fiscal Analyst by electronic means:
2232 (A) the amount of tax credit the office grants to each taxpayer for each calendar year;
2233 (B) estimates of the amount of tax credit that the office will grant for each of the next
2234 three calendar years;
2235 (C) the criteria the office uses in granting a tax credit;
2236 (D) the dollars left in the state, as defined in Section 63N-8-102, by each motion
2237 picture company for each calendar year;
2238 (E) the information contained in the office's latest report under Section 63N-8-105; and
2239 (F) any other information that the Office of the Legislative Fiscal Analyst requests.
2240 (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
2241 redact information that identifies a recipient of a tax credit under this section.
2242 (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
2243 the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
2244 tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
2245 provide the information described in Subsection (5)(b)(i) in the aggregate for all taxpayers that
2246 receive the tax credit under this section.
2247 (c) As part of the study required by this Subsection (5), the Office of the Legislative
2248 Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
2249 analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
2250 office under Subsection (5)(b).
2251 (d) The Revenue and Taxation Interim Committee shall ensure that the
2252 recommendations described in Subsection (5)(a) include an evaluation of:
2253 (i) the cost of the tax credit to the state;
2254 (ii) the effectiveness of the tax credit; and
2255 (iii) the extent to which the state benefits from the tax credit.
2256 Section 47. Section 59-10-1112 is amended to read:
2257 59-10-1112. Targeted business income tax credit.
2258 (1) As used in this section, "business applicant" means the same as that term is defined
2259 in Section 63N-2-302.
2260 (2) A business applicant that is certified and issued a targeted business income tax
2261 eligibility certificate by the Governor's Office of Economic [
2262 Section 63N-2-304 may claim a refundable tax credit in the amount specified on the targeted
2263 business income tax eligibility certificate.
2264 (3) For a taxable year for which a business applicant claims a targeted business income
2265 tax credit under this section, the business applicant may not claim or carry forward a tax credit
2266 under Section 59-7-610, Section 59-10-1007, or Title 63N, Chapter 2, Part 2, Enterprise Zone
2267 Act.
2268 Section 48. Section 63A-3-111 is amended to read:
2269 63A-3-111. COVID-19 economic recovery programs reports.
2270 (1) As used in this section:
2271 (a) "COVID-19 economic recovery programs" means the programs created in:
2272 (i) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program;
2273 (ii) Subsection [
2274 (iii) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs.
2275 (b) "Legislative committee" means:
2276 (i) the president of the Senate;
2277 (ii) the speaker of the House of Representatives;
2278 (iii) the minority leader of the Senate; and
2279 (iv) the minority leader of the House of Representatives.
2280 (2) Upon receiving the reports required by Sections 9-6-903, 63N-15-202, and
2281 63N-15-302 and Subsection [
2282 Division of Arts and Museums and the Governor's Office of Economic [
2283 Opportunity, shall present to the legislative committee the COVID-19 economic recovery
2284 programs.
2285 (3) The legislative committee may make recommendations for adjustments to the
2286 COVID-19 economic recovery programs.
2287 Section 49. Section 63B-18-401 is amended to read:
2288 63B-18-401. Highway bonds -- Maximum amount -- Use of proceeds for highway
2289 projects.
2290 (1) (a) The total amount of bonds issued under this section may not exceed
2291 $2,077,000,000.
2292 (b) When the Department of Transportation certifies to the commission that the
2293 requirements of Subsection 72-2-124(7) have been met and certifies the amount of bond
2294 proceeds that it needs to provide funding for the projects described in Subsection (2) for the
2295 next fiscal year, the commission may issue and sell general obligation bonds in an amount
2296 equal to the certified amount plus costs of issuance.
2297 (2) Except as provided in Subsections (3) and (4), proceeds from the issuance of bonds
2298 shall be provided to the Department of Transportation to pay all or part of the costs of the
2299 following state highway construction or reconstruction projects:
2300 (a) Interstate 15 reconstruction in Utah County;
2301 (b) the Mountain View Corridor;
2302 (c) the Southern Parkway; and
2303 (d) state and federal highways prioritized by the Transportation Commission through:
2304 (i) the prioritization process for new transportation capacity projects adopted under
2305 Section 72-1-304; or
2306 (ii) the state highway construction program.
2307 (3) (a) Except as provided in Subsection (5), the bond proceeds issued under this
2308 section shall be provided to the Department of Transportation.
2309 (b) The Department of Transportation shall use bond proceeds and the funds provided
2310 to it under Section 72-2-124 to pay for the costs of right-of-way acquisition, construction,
2311 reconstruction, renovations, or improvements to the following highways:
2312 (i) $35 million to add highway capacity on I-15 south of the Spanish Fork Main Street
2313 interchange to Payson;
2314 (ii) $28 million for improvements to Riverdale Road in Ogden;
2315 (iii) $1 million for intersection improvements on S.R. 36 at South Mountain Road;
2316 (iv) $2 million for capacity enhancements on S.R. 248 between Sidewinder Drive and
2317 Richardson Flat Road;
2318 (v) $12 million for Vineyard Connector from 800 North Geneva Road to Lake Shore
2319 Road;
2320 (vi) $7 million for 2600 South interchange modifications in Woods Cross;
2321 (vii) $9 million for reconfiguring the 1100 South interchange on I-15 in Box Elder
2322 County;
2323 (viii) $18 million for the Provo west-side connector;
2324 (ix) $8 million for interchange modifications on I-15 in the Layton area;
2325 (x) $3,000,000 for an energy corridor study and environmental review for
2326 improvements in the Uintah Basin;
2327 (xi) $2,000,000 for highway improvements to Harrison Boulevard in Ogden City;
2328 (xii) $2,500,000 to be provided to Tooele City for roads around the Utah State
2329 University campus to create improved access to an institution of higher education;
2330 (xiii) $3,000,000 to be provided to the Utah Office of Tourism within the Governor's
2331 Office of Economic [
2332 associated with annual tourism events that have:
2333 (A) a significant economic development impact within the state; and
2334 (B) significant needs for congestion mitigation;
2335 (xiv) $4,500,000 to be provided to the Governor's Office of Economic [
2336 Opportunity for transportation infrastructure acquisitions and improvements that have a
2337 significant economic development impact within the state;
2338 (xv) $125,000,000 to pay all or part of the costs of state and federal highway
2339 construction or reconstruction projects prioritized by the Transportation Commission through
2340 the prioritization process for new transportation capacity projects adopted under Section
2341 72-1-304;
2342 (xvi) $10,000,000 for the Transportation Fund to pay all or part of the costs of state
2343 and federal highway construction or reconstruction projects as prioritized by the Transportation
2344 Commission;
2345 (xvii) $13,000,000 for corridor preservation and land acquisition for a transit hub at the
2346 mouth of Big Cottonwood Canyon;
2347 (xviii) $10,000,000 to be provided to the Governor's Office of Economic
2348 [
2349 project area created by the military installation development authority created in Section
2350 63H-1-201;
2351 (xix) $28,000,000 for right-of-way or land acquisition, design, engineering, and
2352 construction of infrastructure related to the Inland Port Authority created in Section 11-58-201;
2353 (xx) $6,000,000 for right-of-way acquisition, design, engineering, and construction
2354 related to Shepard Lane in Davis County; and
2355 (xxi) $4,000,000 for right-of-way acquisition, design, engineering, and construction
2356 costs related to 1600 North in Orem City.
2357 (4) (a) The Department of Transportation shall use bond proceeds and the funds under
2358 Section 72-2-121 to pay for, or to provide funds to, a municipality, county, or political
2359 subdivision to pay for the costs of right-of-way acquisition, construction, reconstruction,
2360 renovations, or improvements to the following highway or transit projects in Salt Lake County:
2361 (i) $4,000,000 to Taylorsville City for bus rapid transit planning on 4700 South;
2362 (ii) $4,200,000 to Taylorsville City for highway improvements on or surrounding 6200
2363 South and pedestrian crossings and system connections;
2364 (iii) $2,250,000 to Herriman City for highway improvements to the Salt Lake
2365 Community College Road;
2366 (iv) $5,300,000 to West Jordan City for highway improvements on 5600 West from
2367 6200 South to 8600 South;
2368 (v) $4,000,000 to West Jordan City for highway improvements to 7800 South from
2369 1300 West to S.R. 111;
2370 (vi) $7,300,000 to Sandy City for highway improvements on Monroe Street;
2371 (vii) $3,000,000 to Draper City for highway improvements to 13490 South from 200
2372 West to 700 West;
2373 (viii) $5,000,000 to Draper City for highway improvements to Suncrest Road;
2374 (ix) $1,200,000 to Murray City for highway improvements to 5900 South from State
2375 Street to 900 East;
2376 (x) $1,800,000 to Murray City for highway improvements to 1300 East;
2377 (xi) $3,000,000 to South Salt Lake City for intersection improvements on West
2378 Temple, Main Street, and State Street;
2379 (xii) $2,000,000 to Salt Lake County for highway improvements to 5400 South from
2380 5600 West to Mountain View Corridor;
2381 (xiii) $3,000,000 to West Valley City for highway improvements to 6400 West from
2382 Parkway Boulevard to SR-201 Frontage Road;
2383 (xiv) $4,300,000 to West Valley City for highway improvements to 2400 South from
2384 4800 West to 7200 West and pedestrian crossings;
2385 (xv) $4,000,000 to Salt Lake City for highway improvements to 700 South from 2800
2386 West to 5600 West;
2387 (xvi) $2,750,000 to Riverton City for highway improvements to 4570 West from
2388 12600 South to Riverton Boulevard;
2389 (xvii) $1,950,000 to Cottonwood Heights for improvements to Union Park Avenue
2390 from I-215 exit south to Creek Road and Wasatch Boulevard and Big Cottonwood Canyon;
2391 (xviii) $1,300,000 to Cottonwood Heights for highway improvements to Bengal
2392 Boulevard;
2393 (xix) $1,500,000 to Midvale City for highway improvements to 7200 South from I-15
2394 to 1000 West;
2395 (xx) $1,000,000 to Bluffdale City for an environmental impact study on Porter
2396 Rockwell Boulevard;
2397 (xxi) $2,900,000 to the Utah Transit Authority for the following public transit studies:
2398 (A) a circulator study; and
2399 (B) a mountain transport study; and
2400 (xxii) $1,000,000 to South Jordan City for highway improvements to 2700 West.
2401 (b) (i) Before providing funds to a municipality or county under this Subsection (4), the
2402 Department of Transportation shall obtain from the municipality or county:
2403 (A) a written certification signed by the county or city mayor or the mayor's designee
2404 certifying that the municipality or county will use the funds provided under this Subsection (4)
2405 solely for the projects described in Subsection (4)(a); and
2406 (B) other documents necessary to protect the state and the bondholders and to ensure
2407 that all legal requirements are met.
2408 (ii) Except as provided in Subsection (4)(c), by January 1 of each year, the municipality
2409 or county receiving funds described in this Subsection (4) shall submit to the Department of
2410 Transportation a statement of cash flow for the next fiscal year detailing the funds necessary to
2411 pay project costs for the projects described in Subsection (4)(a).
2412 (iii) After receiving the statement required under Subsection (4)(b)(ii) and after July 1,
2413 the Department of Transportation shall provide funds to the municipality or county necessary to
2414 pay project costs for the next fiscal year based upon the statement of cash flow submitted by
2415 the municipality or county.
2416 (iv) Upon the financial close of each project described in Subsection (4)(a), the
2417 municipality or county receiving funds under this Subsection (4) shall submit a statement to the
2418 Department of Transportation detailing the expenditure of funds received for each project.
2419 (c) For calendar year 2012 only:
2420 (i) the municipality or county shall submit to the Department of Transportation a
2421 statement of cash flow as provided in Subsection (4)(b)(ii) as soon as possible; and
2422 (ii) the Department of Transportation shall provide funds to the municipality or county
2423 necessary to pay project costs based upon the statement of cash flow.
2424 (5) Twenty million dollars of the bond proceeds issued under this section and funds
2425 available under Section 72-2-124 shall be provided to the State Infrastructure Bank Fund
2426 created by Section 72-2-202 to make funds available for transportation infrastructure loans and
2427 transportation infrastructure assistance under Title 72, Chapter 2, Part 2, State Infrastructure
2428 Bank Fund.
2429 (6) The costs under Subsections (2), (3), and (4) may include the costs of studies
2430 necessary to make transportation infrastructure improvements, the cost of acquiring land,
2431 interests in land, easements and rights-of-way, improving sites, and making all improvements
2432 necessary, incidental, or convenient to the facilities, interest estimated to accrue on these bonds
2433 during the period to be covered by construction of the projects plus a period of six months after
2434 the end of the construction period, interest estimated to accrue on any bond anticipation notes
2435 issued under the authority of this title, and all related engineering, architectural, and legal fees.
2436 (7) The commission or the state treasurer may make any statement of intent relating to
2437 a reimbursement that is necessary or desirable to comply with federal tax law.
2438 (8) The Department of Transportation may enter into agreements related to the projects
2439 described in Subsections (2), (3), and (4) before the receipt of proceeds of bonds issued under
2440 this section.
2441 (9) The Department of Transportation may enter into a new or amend an existing
2442 interlocal agreement related to the projects described in Subsections (3) and (4) to establish any
2443 necessary covenants or requirements not otherwise provided for by law.
2444 Section 50. Section 63B-24-201 is amended to read:
2445 63B-24-201. Authorizations to design and construct capital facilities using
2446 institutional or agency funds.
2447 (1) The Legislature intends that:
2448 (a) the University of Utah may, subject to the requirements of Title 63A, Chapter 5b,
2449 Administration of State Facilities, use up to $8,200,000 in institutional funds to plan, design,
2450 and construct the William C. Browning Building Addition with up to 24,000 square feet;
2451 (b) the university may not use state funds for any portion of this project; and
2452 (c) the university may use state funds for operation and maintenance costs or capital
2453 improvements.
2454 (2) The Legislature intends that:
2455 (a) Utah State University may, subject to the requirements of Title 63A, Chapter 5b,
2456 Administration of State Facilities, use up to $10,000,000 in institutional funds to plan, design,
2457 and construct the Fine Arts Complex Addition/Renovation with up to 17,000 square feet;
2458 (b) the university may not use state funds for any portion of this project; and
2459 (c) the university may use state funds for operation and maintenance costs or capital
2460 improvements.
2461 (3) The Legislature intends that:
2462 (a) Salt Lake Community College may, subject to the requirements of Title 63A,
2463 Chapter 5b, Administration of State Facilities, use up to $3,900,000 in institutional funds to
2464 plan, design, and construct a Strength and Conditioning Center with up to 11,575 square feet;
2465 (b) the college may not use state funds for any portion of this project; and
2466 (c) the college may not request state funds for operation and maintenance costs or
2467 capital improvements.
2468 (4) The Legislature intends that:
2469 (a) the Governor's Office of Economic [
2470 requirements of Title 63A, Chapter 5b, Administration of State Facilities, use up to $1,800,000
2471 in nonlapsing balances and donations to plan, design, and construct or lease a Southern Utah
2472 Welcome Center with up to 5,000 square feet;
2473 (b) the office may request additional state funds for the project, unless the office
2474 receives donations and begins design or construction of the project; and
2475 (c) the office may use state funds for operation and maintenance costs or capital
2476 improvements.
2477 Section 51. Section 63C-17-103 is amended to read:
2478 63C-17-103. Creation of Point of the Mountain Development Commission --
2479 Members.
2480 (1) There is created the Point of the Mountain Development Commission consisting of
2481 the following 15 members:
2482 (a) two members shall be members of the Senate appointed by the president of the
2483 Senate;
2484 (b) two members shall be members of the House of Representatives appointed by the
2485 speaker of the House of Representatives;
2486 (c) one member shall be the mayor of Lehi City, Utah, or the mayor's designee;
2487 (d) one member shall be the mayor of Draper City, Utah, or the mayor's designee;
2488 (e) one member shall be the mayor of Salt Lake County, or the mayor's designee;
2489 (f) one member shall be an appointee of the Utah County Commission;
2490 (g) two members shall be mayors of communities in or close to the project area who
2491 shall be appointed by the Utah League of Cities and Towns;
2492 (h) one member shall be an appointee of the Economic Development Corporation of
2493 Utah;
2494 (i) one member, who is a member of the Board of the Governor's Office of Economic
2495 [
2496 (j) one member, who is an employee of the Governor's Office of Economic
2497 [
2498 (k) one member shall be a member of the public, representing the school boards in or
2499 close to the project area, jointly appointed by the president of the Senate and the speaker of the
2500 House of Representatives; and
2501 (l) one member shall be a member of the public, representing the information
2502 technology sector with a physical presence within the project area, jointly appointed by the
2503 president of the Senate and the speaker of the House of Representatives.
2504 (2) (a) The president of the Senate and the speaker of the House of Representatives
2505 shall jointly designate a member of the Legislature appointed under Subsection (1)(a) or (b) as
2506 a cochair of the commission.
2507 (b) The governor shall designate a representative from the Governor's Office of
2508 Economic [
2509 the commission.
2510 (3) Any vacancy shall be filled in the same manner under this section as the
2511 appointment of the member whose vacancy is being filled.
2512 (4) Each member of the commission shall serve until a successor is appointed and
2513 qualified.
2514 (5) A majority of members constitutes a quorum. The action of a majority of a quorum
2515 constitutes the action of the commission.
2516 Section 52. Section 63C-17-105 is amended to read:
2517 63C-17-105. Commission staff and expenses.
2518 The Office of Legislative Research and General Counsel, in coordination with the
2519 Governor's Office of Economic [
2520 commission.
2521 Section 53. Section 63G-21-102 is amended to read:
2522 63G-21-102. Definitions.
2523 As used in this chapter:
2524 (1) "Designated agency" means:
2525 (a) the Governor's Office of Economic [
2526 (b) the Division of Wildlife Resources;
2527 (c) the Department of Public Safety;
2528 (d) the Department of Technology Services; or
2529 (e) the Department of Workforce Services.
2530 (2) (a) "State service" means a service or benefit regularly provided to the public by a
2531 designated agency.
2532 (b) "State service" includes:
2533 (i) for the Governor's Office of Economic [
2534 Department of Technology Services, public high-speed Internet access;
2535 (ii) for the Division of Wildlife Resources, fishing, hunting, and trapping licenses;
2536 (iii) for the Department of Public Safety, fingerprinting, an online driver license
2537 renewal, online appointment scheduling, an online motor vehicle record request, and an online
2538 change of address with the Driver License Division; and
2539 (iv) for the Department of Workforce Services, online job searches, verification of
2540 submission for benefits administered by the Department of Workforce Services, online
2541 unemployment applications, online food stamp applications, and online appointment
2542 scheduling.
2543 (3) "USPS" means the United States Postal Service.
2544 Section 54. Section 63G-21-201 is amended to read:
2545 63G-21-201. Limited authorization to provide state services at post office
2546 locations.
2547 (1) If allowed by federal law, a designated agency may negotiate and enter into an
2548 agreement with USPS that allows USPS to provide one or more state services at one or more
2549 post office locations within the state.
2550 (2) The designated agency shall ensure that the agreement described in Subsection (1)
2551 includes:
2552 (a) the term of the agreement, which may not extend beyond July 1, 2025;
2553 (b) provisions to ensure the security of state data and resources;
2554 (c) provisions to provide training to USPS employees on how to provide each state
2555 service in the agreement;
2556 (d) except as provided in Subsection (2)(e), provisions authorizing compensation to
2557 USPS for at least 100% of attributable costs of all property and services that USPS provides
2558 under the agreement; and
2559 (e) if the agreement is between USPS and the Division of Wildlife Resources to sell
2560 fishing, hunting, or trapping licenses, provisions requiring compliance with Section 23-19-15
2561 regarding wildlife license agents, including remuneration for services rendered.
2562 (3) After one or more designated agencies enter into an agreement described in
2563 Subsection (1), the Governor's Office of Economic [
2564 marketing campaign to advertise and promote the availability of state services at each selected
2565 USPS location.
2566 Section 55. Section 63H-1-801 is amended to read:
2567 63H-1-801. Dissolution of authority -- Restrictions -- Filing copy of ordinance --
2568 Authority records -- Dissolution expenses.
2569 (1) The authority may not be dissolved unless the authority has no outstanding bonded
2570 indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
2571 obligations with persons or entities other than the state.
2572 (2) Upon the dissolution of the authority:
2573 (a) the Governor's Office of Economic [
2574 notice of dissolution:
2575 (i) in a newspaper of general circulation in the county in which the dissolved authority
2576 is located; and
2577 (ii) as required in Section 45-1-101; and
2578 (b) all title to property owned by the authority vests in the state.
2579 (3) The books, documents, records, papers, and seal of each dissolved authority shall
2580 be deposited for safekeeping and reference with the state auditor.
2581 (4) The authority shall pay all expenses of the deactivation and dissolution.
2582 Section 56. Section 63H-2-204 is amended to read:
2583 63H-2-204. Dissolution of authority.
2584 (1) Subject to the other provisions of this section, the board may dissolve the authority:
2585 (a) if the board determines that the authority can no longer comply with the
2586 requirements of this chapter; and
2587 (b) by a vote of at least five members of the board.
2588 (2) The authority may not be dissolved if the authority has any of the following:
2589 (a) an outstanding bonded indebtedness;
2590 (b) an unpaid loan, indebtedness, or advance; or
2591 (c) a legally binding contractual obligation with a person other than the state.
2592 (3) Upon the dissolution of the authority:
2593 (a) the Governor's Office of Economic [
2594 notice of dissolution:
2595 (i) in a newspaper of general circulation in each county in which a qualifying energy
2596 delivery project is located; and
2597 (ii) electronically, in accordance with Section 45-1-101;
2598 (b) the authority shall deposit its records with the state auditor, to be retained for the
2599 time period determined by the state auditor; and
2600 (c) the assets of the authority shall revert to the state.
2601 (4) The authority shall pay the expenses of dissolution and winding up the affairs of the
2602 authority.
2603 (5) If a dissolution under this section is part of a privatization of the authority, the
2604 dissolution is subject to Title 63E, Chapter 1, Part 4, Privatization of Independent Entities.
2605 Section 57. Section 63I-1-235 is amended to read:
2606 63I-1-235. Repeal dates, Title 35A.
2607 [
2608
2609 [
2610 repealed July 1, 2021.
2611 [
2612 repealed July 1, 2021.
2613 [
2614 the federal Wage and Hour Division, is repealed July 1, 2022.
2615 [
2616 is repealed July 1, 2022.
2617 [
2618 repealed July 1, 2023.
2619 [
2620 [
2621 January 1, 2025.
2622 [
2623 Committee on Employment of People with Disabilities, are repealed July 1, 2023.
2624 [
2625 Council, is repealed July 1, 2024.
2626 [
2627 Services for the Blind and Visually Impaired, is repealed July 1, 2025.
2628 [
2629 Certification Board, are repealed July 1, 2026.
2630 Section 58. Section 63I-1-263 is amended to read:
2631 63I-1-263. Repeal dates, Titles 63A to 63N.
2632 (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
2633 (a) Subsection 63A-1-201(1) is repealed;
2634 (b) Subsection 63A-1-202(2)(c), the language "using criteria established by the board"
2635 is repealed;
2636 (c) Section 63A-1-203 is repealed;
2637 (d) Subsections 63A-1-204(1) and (2), the language "After consultation with the board,
2638 and" is repealed; and
2639 (e) Subsection 63A-1-204(1)(b), the language "using the standards provided in
2640 Subsection 63A-1-203(3)(c)" is repealed.
2641 (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
2642 improvement funding, is repealed July 1, 2024.
2643 (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
2644 2023.
2645 (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
2646 Committee, are repealed July 1, 2023.
2647 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
2648 1, 2028.
2649 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2650 2025.
2651 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2652 2024.
2653 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
2654 repealed July 1, 2021.
2655 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
2656 July 1, 2023.
2657 (10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
2658 (11) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
2659 2025.
2660 (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
2661 Advisory Board, is repealed July 1, 2026.
2662 (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2663 2025.
2664 (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2665 2024.
2666 (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
2667 (16) Subsection 63J-1-602.1(14), Nurse Home Visiting Restricted Account is repealed
2668 July 1, 2026.
2669 (17) (a) Subsection 63J-1-602.1(58), relating to the Utah Statewide Radio System
2670 Restricted Account, is repealed July 1, 2022.
2671 (b) When repealing Subsection 63J-1-602.1(58), the Office of Legislative Research and
2672 General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
2673 necessary changes to subsection numbering and cross references.
2674 (18) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
2675 Commission, is repealed July 1, 2023.
2676 (19) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is repealed
2677 July 1, 2022.
2678 (20) Subsection 63J-1-602.2(25), related to the Utah Seismic Safety Commission, is
2679 repealed January 1, 2025.
2680 (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
2681 repealed July 1, 2027.
2682 (22) Subsection 63J-4-608(3), which creates the Federal Land Application Advisory
2683 Committee, is repealed on July 1, 2021.
2684 (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
2685 January 1, 2023:
2686 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2687 repealed;
2688 (b) Section 63M-7-305, the language that states "council" is replaced with
2689 "commission";
2690 (c) Subsection 63M-7-305(1) is repealed and replaced with:
2691 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2692 (d) Subsection 63M-7-305(2) is repealed and replaced with:
2693 "(2) The commission shall:
2694 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2695 Drug-Related Offenses Reform Act; and
2696 (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
2697 Subsections 77-18-1(5)(b)(iii) and (iv).".
2698 (24) The Crime Victim Reparations and Assistance Board, created in Section
2699 63M-7-504, is repealed July 1, 2027.
2700 (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
2701 1, 2022.
2702 (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
2703 [
2704
2705 [
2706 Coordinating Council, is repealed July 1, 2024.
2707 [
2708 [
2709 [
2710 January 1, 2021.
2711 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
2712 calendar years beginning on or after January 1, 2021.
2713 (c) Notwithstanding Subsection [
2714 in accordance with Section 59-9-107 if:
2715 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
2716 31, 2020; and
2717 (ii) the qualified equity investment that is the basis of the tax credit is certified under
2718 Section 63N-2-603 on or before December 31, 2023.
2719 [
2720 [
2721 repealed July 1, 2023.
2722 [
2723 July 1, 2025.
2724 [
2725 Program, is repealed January 1, [
2726 [
2727
2728 Section 59. Section 63I-2-263 is amended to read:
2729 63I-2-263. Repeal dates, Title 63A to Title 63N.
2730 (1) On July 1, 2020:
2731 (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
2732 (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
2733 May 8, 2018," is repealed.
2734 (2) Section 63A-3-111 is repealed June 30, 2021.
2735 (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
2736 repealed July 1, 2021.
2737 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
2738 Commission is repealed July 1, 2023.
2739 (5) The following sections regarding the World War II Memorial Commission are
2740 repealed on July 1, 2022:
2741 (a) Section 63G-1-801;
2742 (b) Section 63G-1-802;
2743 (c) Section 63G-1-803; and
2744 (d) Section 63G-1-804.
2745 (6) Subsections 63G-6a-802(1)(d) and 63G-6a-802(3)(b)(iii), regarding a procurement
2746 relating to a vice presidential debate, are repealed January 1, 2021.
2747 (7) In relation to the State Fair Park Committee, on January 1, 2021:
2748 (a) Section 63H-6-104.5 is repealed; and
2749 (b) Subsections 63H-6-104(8) and (9) are repealed.
2750 (8) Section 63H-7a-303 is repealed July 1, 2024.
2751 (9) Subsection 63J-1-206(3)(c), relating to coronavirus, is repealed July 1, 2021.
2752 (10) In relation to the Employability to Careers Program Board, on July 1, 2022:
2753 (a) Subsection 63J-1-602.1(57) is repealed;
2754 (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
2755 and
2756 (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
2757 (11) Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot Program
2758 Act, is repealed January 1, 2022.
2759 (12) Sections 63M-7-213 and 63M-7-213.5 are repealed on January 1, 2023.
2760 (13) Subsection [
2761 of Economic Opportunity to respond to the COVID-19 pandemic by directing financial grants
2762 to institutions of higher education, is repealed December 31, 2021.
2763 (14) Title 63N, Chapter 13, Part 3, Facilitating Public-Private Partnerships Act, is
2764 repealed January 1, 2024.
2765 (15) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is repealed
2766 December 31, 2021.
2767 Section 60. Section 63J-1-602.1 is amended to read:
2768 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
2769 Appropriations made from the following accounts or funds are nonlapsing:
2770 (1) The Utah Intracurricular Student Organization Support for Agricultural Education
2771 and Leadership Restricted Account created in Section 4-42-102.
2772 (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
2773 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
2774 Section 9-18-102.
2775 (4) The National Professional Men's Soccer Team Support of Building Communities
2776 Restricted Account created in Section 9-19-102.
2777 (5) Funds collected for directing and administering the C-PACE district created in
2778 Section 11-42a-106.
2779 (6) Money received by the Utah Inland Port Authority, as provided in Section
2780 11-58-105.
2781 (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
2782 (8) The Clean Air Support Restricted Account created in Section 19-1-109.
2783 (9) The "Support for State-Owned Shooting Ranges Restricted Account" created in
2784 Section 23-14-13.5.
2785 (10) Award money under the State Asset Forfeiture Grant Program, as provided under
2786 Section 24-4-117.
2787 (11) Funds collected from the program fund for local health department expenses
2788 incurred in responding to a local health emergency under Section 26-1-38.
2789 (12) The Children with Cancer Support Restricted Account created in Section
2790 26-21a-304.
2791 (13) State funds for matching federal funds in the Children's Health Insurance Program
2792 as provided in Section 26-40-108.
2793 (14) The Children with Heart Disease Support Restricted Account created in Section
2794 26-58-102.
2795 (15) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
2796 (16) The Technology Development Restricted Account created in Section 31A-3-104.
2797 (17) The Criminal Background Check Restricted Account created in Section
2798 31A-3-105.
2799 (18) The Captive Insurance Restricted Account created in Section 31A-3-304, except
2800 to the extent that Section 31A-3-304 makes the money received under that section free revenue.
2801 (19) The Title Licensee Enforcement Restricted Account created in Section
2802 31A-23a-415.
2803 (20) The Health Insurance Actuarial Review Restricted Account created in Section
2804 31A-30-115.
2805 (21) The Insurance Fraud Investigation Restricted Account created in Section
2806 31A-31-108.
2807 (22) The Underage Drinking Prevention Media and Education Campaign Restricted
2808 Account created in Section 32B-2-306.
2809 (23) The School Readiness Restricted Account created in Section 35A-15-203.
2810 (24) Money received by the Utah State Office of Rehabilitation for the sale of certain
2811 products or services, as provided in Section 35A-13-202.
2812 (25) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
2813 (26) The Oil and Gas Conservation Account created in Section 40-6-14.5.
2814 (27) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
2815 the Motor Vehicle Division.
2816 (28) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
2817 created by Section 41-3-110 to the State Tax Commission.
2818 (29) The Utah Law Enforcement Memorial Support Restricted Account created in
2819 Section 53-1-120.
2820 (30) The State Disaster Recovery Restricted Account to the Division of Emergency
2821 Management, as provided in Section 53-2a-603.
2822 (31) The Department of Public Safety Restricted Account to the Department of Public
2823 Safety, as provided in Section 53-3-106.
2824 (32) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
2825 53-8-303.
2826 (33) The DNA Specimen Restricted Account created in Section 53-10-407.
2827 (34) The Canine Body Armor Restricted Account created in Section 53-16-201.
2828 (35) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
2829 (36) The Higher Education Capital Projects Fund created in Section 53B-22-202.
2830 (37) A certain portion of money collected for administrative costs under the School
2831 Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
2832 (38) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
2833 subject to Subsection 54-5-1.5(4)(d).
2834 (39) Funds collected from a surcharge fee to provide certain licensees with access to an
2835 electronic reference library, as provided in Section 58-3a-105.
2836 (40) Certain fines collected by the Division of Occupational and Professional Licensing
2837 for violation of unlawful or unprofessional conduct that are used for education and enforcement
2838 purposes, as provided in Section 58-17b-505.
2839 (41) Funds collected from a surcharge fee to provide certain licensees with access to an
2840 electronic reference library, as provided in Section 58-22-104.
2841 (42) Funds collected from a surcharge fee to provide certain licensees with access to an
2842 electronic reference library, as provided in Section 58-55-106.
2843 (43) Funds collected from a surcharge fee to provide certain licensees with access to an
2844 electronic reference library, as provided in Section 58-56-3.5.
2845 (44) Certain fines collected by the Division of Occupational and Professional Licensing
2846 for use in education and enforcement of the Security Personnel Licensing Act, as provided in
2847 Section 58-63-103.
2848 (45) The Relative Value Study Restricted Account created in Section 59-9-105.
2849 (46) The Cigarette Tax Restricted Account created in Section 59-14-204.
2850 (47) Funds paid to the Division of Real Estate for the cost of a criminal background
2851 check for a mortgage loan license, as provided in Section 61-2c-202.
2852 (48) Funds paid to the Division of Real Estate for the cost of a criminal background
2853 check for principal broker, associate broker, and sales agent licenses, as provided in Section
2854 61-2f-204.
2855 (49) Certain funds donated to the Department of Human Services, as provided in
2856 Section 62A-1-111.
2857 (50) The National Professional Men's Basketball Team Support of Women and
2858 Children Issues Restricted Account created in Section 62A-1-202.
2859 (51) Certain funds donated to the Division of Child and Family Services, as provided
2860 in Section 62A-4a-110.
2861 (52) The Choose Life Adoption Support Restricted Account created in Section
2862 62A-4a-608.
2863 (53) Funds collected by the Office of Administrative Rules for publishing, as provided
2864 in Section 63G-3-402.
2865 (54) The Immigration Act Restricted Account created in Section 63G-12-103.
2866 (55) Money received by the military installation development authority, as provided in
2867 Section 63H-1-504.
2868 (56) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
2869 (57) The Unified Statewide 911 Emergency Service Account created in Section
2870 63H-7a-304.
2871 (58) The Utah Statewide Radio System Restricted Account created in Section
2872 63H-7a-403.
2873 (59) The Employability to Careers Program Restricted Account created in Section
2874 63J-4-703.
2875 (60) The Motion Picture Incentive Account created in Section 63N-8-103.
2876 (61) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
2877 as provided under Section 63N-10-301.
2878 (62) Funds collected by the housing of state probationary inmates or state parole
2879 inmates, as provided in Subsection 64-13e-104(2).
2880 (63) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
2881 and State Lands, as provided in Section 65A-8-103.
2882 (64) The Transportation of Veterans to Memorials Support Restricted Account created
2883 in Section 71-14-102.
2884 (65) The Amusement Ride Safety Restricted Account, as provided in Section
2885 72-16-204.
2886 (66) Certain funds received by the Office of the State Engineer for well drilling fines or
2887 bonds, as provided in Section 73-3-25.
2888 (67) The Water Resources Conservation and Development Fund, as provided in
2889 Section 73-23-2.
2890 (68) Funds donated or paid to a juvenile court by private sources, as provided in
2891 Subsection 78A-6-203(1)(c).
2892 (69) Fees for certificate of admission created under Section 78A-9-102.
2893 (70) Funds collected for adoption document access as provided in Sections 78B-6-141,
2894 78B-6-144, and 78B-6-144.5.
2895 (71) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
2896 Utah Indigent Defense Commission.
2897 (72) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
2898 Park, Jordan River State Park, and Green River State Park, as provided under Section
2899 79-4-403.
2900 (73) Certain funds received by the Division of Parks and Recreation from the sale or
2901 disposal of buffalo, as provided under Section 79-4-1001.
2902 (74) The Drinking While Pregnant Prevention Media and Education Campaign
2903 Restricted Account created in Section 32B-2-308.
2904 Section 61. Section 63J-4-301 is amended to read:
2905 63J-4-301. Duties of the executive director and office.
2906 (1) The executive director and the office shall:
2907 (a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary
2908 Procedures Act;
2909 (b) under the direct supervision of the governor, assist the governor in the preparation
2910 of the governor's budget recommendations;
2911 (c) review agency budget execution plans as specified in Section 63J-1-209;
2912 (d) establish benchmarking practices for measuring operational costs, quality of
2913 service, and effectiveness across all state agencies and programs;
2914 (e) assist agencies with the development of an operational plan that uses continuous
2915 improvement tools and operational metrics to increase statewide capacity and improve
2916 interagency integration;
2917 (f) review and assess agency budget requests and expenditures using a clear set of goals
2918 and measures;
2919 (g) develop and maintain enterprise portfolio and electronic information systems to
2920 select and oversee the execution of projects, ensure a return on investment, and trace and report
2921 performance metrics;
2922 (h) coordinate with the executive directors of the Department of Workforce Services
2923 and the Governor's Office of Economic [
2924 to be reported to the Legislature as described in Subsection 63J-4-708(2)(d); and
2925 (i) perform other duties and responsibilities as assigned by the governor.
2926 (2) (a) The executive director of the Governor's Office of Management and Budget or
2927 the executive director's designee is the Federal Assistance Management Officer.
2928 (b) In acting as the Federal Assistance Management Officer, the executive director or
2929 designee shall:
2930 (i) study the administration and effect of federal assistance programs in the state and
2931 advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
2932 the Executive Appropriations Committee, of alternative recommended methods and procedures
2933 for the administration of these programs;
2934 (ii) assist in the coordination of federal assistance programs that involve or are
2935 administered by more than one state agency; and
2936 (iii) analyze and advise on applications for new federal assistance programs submitted
2937 to the governor for approval as required by Chapter 5, Federal Funds Procedures Act.
2938 Section 62. Section 63J-4-708 is amended to read:
2939 63J-4-708. Reporting.
2940 (1) On or before October 1, the board shall provide an annual written report to the
2941 Social Services Appropriations Subcommittee, the Economic Development and Workforce
2942 Services Interim Committee, and the [
2943
2944 63N-1b-301.
2945 (2) The written report shall include:
2946 (a) information regarding the fiscal intermediary, the programmatic intermediary, the
2947 eligible program provider, and the independent evaluator that have been selected;
2948 (b) the results of the feasibility analysis conducted in accordance with Section
2949 63J-4-706;
2950 (c) information regarding how many eligible participants have been served by the
2951 education, employability training, and workforce placement program;
2952 (d) data and metrics:
2953 (i) used to measure the progress, performance, effectiveness, and scope of the
2954 Employability to Careers Program, including summary data; and
2955 (ii) that are consistent and comparable for each state operation, activity, program, or
2956 service that primarily involves employment training or placement as determined by the
2957 executive directors of the office, the Department of Workforce Services, and the Governor's
2958 Office of Economic [
2959 (e) a description of program expenses, including what payments have been made to the
2960 intermediary and the cost to the state for each successful eligible participant outcome; and
2961 (f) recommendations to the Legislature on any potential improvements to the
2962 Employability to Careers Program, including whether the program should continue to receive
2963 funding from the state.
2964 Section 63. Section 63L-2-301 is amended to read:
2965 63L-2-301. Promoting or lobbying for a federal designation within the state.
2966 (1) As used in this section:
2967 (a) "Federal designation" means the designation of a:
2968 (i) national monument;
2969 (ii) national conservation area;
2970 (iii) wilderness area or wilderness study area;
2971 (iv) area of critical environmental concern;
2972 (v) research natural area; or
2973 (vi) national recreation area.
2974 (b) (i) "Governmental entity" means:
2975 (A) a state-funded institution of higher education or public education;
2976 (B) a political subdivision of the state;
2977 (C) an office, agency, board, bureau, committee, department, advisory board, or
2978 commission that the government funds or establishes to carry out the public's business,
2979 regardless of whether the office, agency board, bureau, committee, department, advisory board,
2980 or commission is composed entirely of public officials or employees;
2981 (D) an interlocal entity as defined in Section 11-13-103 or a joint or cooperative
2982 undertaking as defined in Section 11-13-103;
2983 (E) a governmental nonprofit corporation as defined in Section 11-13a-102; or
2984 (F) an association as defined in Section 53G-7-1101.
2985 (ii) "Governmental entity" does not mean:
2986 (A) the School and Institutional Trust Lands Administration created in Section
2987 53C-1-201;
2988 (B) the School and Institutional Trust Lands Board of Trustees created in Section
2989 53C-1-202;
2990 (C) the Office of the Governor;
2991 (D) the Governor's Office of Management and Budget created in Section 63J-4-201;
2992 (E) the Public Lands Policy Coordinating Office created in Section 63J-4-602;
2993 (F) the Office of Energy Development created in Section 63M-4-401; or
2994 (G) the Governor's Office of Economic [
2995 [
2996
2997 Subcommittee created in Section 63N-1b-301.
2998 (2) (a) A governmental entity, or a person a governmental entity employs and
2999 designates as a representative, may investigate the possibility of a federal designation within
3000 the state.
3001 (b) A governmental entity that intends to advocate for a federal designation within the
3002 state shall:
3003 (i) notify the chairs of the following committees before the introduction of federal
3004 legislation:
3005 (A) the Natural Resources, Agriculture, and Environment Interim Committee, if
3006 constituted, and the Federalism Commission; or
3007 (B) if the notice is given during a General Session, the House and Senate Natural
3008 Resources, Agriculture, and Environment Standing Committees; and
3009 (ii) upon request of the chairs, meet with the relevant committee to review the proposal.
3010 (3) This section does not apply to a political subdivision supporting a federal
3011 designation if the federal designation:
3012 (a) applies to 5,000 acres or less; and
3013 (b) has an economical or historical benefit to the political subdivision.
3014 Section 64. Section 63M-5-306 is amended to read:
3015 63M-5-306. Financial impact statement -- Alleviation plan -- Filing required --
3016 Contents -- Payments credited against tax -- Provisions neither exclusive nor mandatory.
3017 (1) (a) A developer desiring to prepay ad valorem property taxes under Section
3018 63M-5-201 shall first prepare and file with the Governor's Office of Economic [
3019 Opportunity and all units of local government likely to be affected with a significant financial
3020 impact due to a natural resource or industrial facility a financial impact statement together with
3021 a plan for alleviating these impacts.
3022 (b) The impact statement and the alleviation plan shall be prepared in cooperation with
3023 and after consultation with the Governor's Office of Economic [
3024 the affected units of local government.
3025 (c) The financial impact statement shall assess the projected financial impact on state
3026 agencies and units of local government, including the impact on transportation systems,
3027 culinary water systems, waste treatment facilities, public safety, schools, public health,
3028 housing, planning and zoning, and general government administration.
3029 (d) The alleviation plan shall set out proposals for alleviating the impact and may
3030 include payments to local units of government or direct expenditures by the developer to
3031 alleviate the impact.
3032 (e) The impact statement and the alleviation plan may be amended by the developer in
3033 cooperation with and after consultation with the Governor's Office of Economic
3034 [
3035 (2) At least 90 days prior to commencement of construction of an industrial facility or
3036 natural resources facility by a major developer, an impact statement and alleviation plan as
3037 described in Subsection (1) shall be filed by the major developer whether or not the major
3038 developer desires to prepay ad valorem property taxes.
3039 (3) (a) Upon the filing of the financial impact statement and alleviation plan, a
3040 developer may apply to the governing body of the affected unit of local government for
3041 authorization to prepay a portion of the anticipated ad valorem property taxes to be expended
3042 consistent with the alleviation plan.
3043 (b) This authorization may provide that only a portion of the amounts so prepaid can be
3044 applied against the ad valorem property taxes due in any given year.
3045 (c) In addition to payments directly to the affected unit of local government, an affected
3046 unit of local government may authorize a tax credit on anticipated ad valorem property taxes
3047 for expenditures made by the developer to other persons so long as the expenditure is
3048 consistent with the alleviation plan.
3049 (4) (a) This chapter is designed to provide an additional mechanism for the alleviation
3050 of impacts on units of local government and is not intended to discourage the use of other
3051 mechanisms as may be available.
3052 (b) Nothing in this chapter requires a developer to prepay ad valorem property taxes or
3053 to make any other expenditure not otherwise required by law.
3054 Section 65. Section 63M-6-201 is amended to read:
3055 63M-6-201. Acquisition of easements -- Restrictions -- Resale.
3056 (1) (a) The Governor's Office of Economic [
3057 by purchase or condemnation, easements for the establishment, maintenance, and operation of
3058 a restrictive use area for the operation of aircraft to and from Hill Air Force Base because:
3059 (i) Hill Air Force Base is a military installation of vital importance to security of the
3060 United States of America and to the economic well-being of the citizens of Utah;
3061 (ii) there are certain portions of land around the entire base that are being developed for
3062 residential and other uses that are incompatible with current and future operations of the base
3063 because of noise, health, safety, and accident reasons; and
3064 (iii) it is the purpose of this chapter for the state to acquire those easements restricting
3065 the use of those lands and the air space above them in order to assure the continued operation
3066 of Hill Air Force Base as an active military base and to protect the health, safety, and economic
3067 well-being of the citizens of Utah.
3068 (b) The Governor's Office of Economic [
3069 power to purchase or condemn easements under this subsection to other state agencies if the
3070 department ensures that those agencies comply with the procedures and requirements of this
3071 chapter.
3072 (2) (a) The Governor's Office of Economic [
3073 that the easements restrict the land from those uses identified in the Hill Air Force Base
3074 AICUZ Land Use Compatibility Guidelines Study, as amended, dated October, 1982, as not
3075 being acceptable.
3076 (b) The Governor's Office of Economic [
3077 other uses not prohibited by those guidelines if those uses are consistent with the purpose of
3078 this chapter.
3079 (c) Nothing in this chapter may be construed to authorize the Governor's Office of
3080 Economic [
3081 (i) acquire any ownership interest in real property other than an easement restricting the
3082 land from future uses inconsistent with the Hill Air Force Base AICUZ Land Use
3083 Compatibility Guidelines Study, as amended, dated October 1982;
3084 (ii) purchase businesses; or
3085 (iii) require people to relocate or move from their property.
3086 (d) To calculate the purchase price for the easements, the Governor's Office of
3087 Economic [
3088 its improvements after the acquisition of the easements from the market value of the real
3089 property and its improvements before the acquisition of the easements.
3090 (e) When the Hill Air Force Base runways have not been used for seven years to
3091 accommodate the arrival and departure of airplanes, the Governor's Office of Economic
3092 [
3093 (i) notify by certified mail each current owner of the property to which each easement
3094 is attached;
3095 (ii) inform that owner that the owner may purchase the easement from the state for the
3096 same price that the state paid for it originally or for the market value of the easement at the
3097 time of the buyback, whichever is smaller; and
3098 (iii) sell the easement to the owner of the property to which the easement is attached if
3099 the owner tenders the purchase price.
3100 (f) In addition to purchasing the easements required by this chapter, the Governor's
3101 Office of Economic [
3102 all churches, businesses, and schools that, as of March 1, 1994, were located either within the
3103 north Hill Air Force Base accident potential zone (APZ) identified in Subsection
3104 63M-6-202(1)(a) or within the south Hill Air Force Base accident potential zone (APZ)
3105 identified in Subsection 63M-6-202(1)(b) if those churches, businesses, and schools can
3106 reasonably demonstrate that expansion of the use would have been permitted before acquisition
3107 of the easements but is now prohibited because of the easement.
3108 (3) (a) The Governor's Office of Economic [
3109 action to enforce the provisions of this chapter.
3110 (b) The attorney general shall represent the Governor's Office of Economic
3111 [
3112 Section 66. Section 63M-6-202 is amended to read:
3113 63M-6-202. Location of easements.
3114 (1) The Governor's Office of Economic [
3115 may acquire easements on the land within the following boundaries:
3116 (a) beginning on the north Hill Air Force Base accident potential zone (APZ) at a point
3117 which is North 1,089,743.170 meters and East 459,346.946 meters based on the North zone,
3118 State of Utah, NAD 83 coordinates and runs north to North 63 degrees 10 minutes 44 seconds,
3119 East 457.109 meters, North 26 degrees 49 minutes 16 seconds, West 3,352.129 meters, South
3120 63 degrees 10 minutes 44 seconds, West 914.217 meters, South 26 degrees 49 minutes 16
3121 seconds, East 3,352.129 meters, North 63 degrees 10 minutes 44 seconds, East 457.109 meters
3122 back to the point of beginning; and
3123 (b) beginning on the south Hill Air Force Base APZ which is North 1,086,065.786
3124 meters and East 461,206.222 meters based on the North zone, State of Utah, NAD 83
3125 coordinates and runs South 63 degrees 10 minutes 44 seconds, West 457.109 meters, South 26
3126 degrees 49 minutes 16 seconds, East 502.179 meters, South 0 degrees 20 minutes 35 seconds,
3127 West 1,722.227 meters, South 89 degrees 39 minutes 25 seconds, East 883.743 meters, North
3128 63 degrees 10 minutes 44 seconds, East 914.217 meters, North 26 degrees 49 minutes 16
3129 seconds, West 2,437.912 meters, South 63 degrees 10 minutes 44 seconds, West 457.109
3130 meters back to the point of beginning.
3131 (2) The Governor's Office of Economic [
3132 may acquire easements on the following land that is located inside the 75 and 80 level
3133 day-night (LDN) noise contour as identified in the Hill Air Force Base AICUZ Land Use
3134 Compatibility Guidelines Study, as amended, dated October, 1982:
3135 (a) in the west half of Section 3, T4NR1W;
3136 (b) in the east half of Section 4, T4NR1W;
3137 (c) in the northeast quarter of Section 8, T4NR1W;
3138 (d) within all of Section 9, T4NR1W;
3139 (e) in the northwest quarter of Section 10, T4NR1W;
3140 (f) within the southwest quarter of Section 19, T5NR1W;
3141 (g) in the south half of Section 20, T5NR1W;
3142 (h) within the southwest quarter of Section 28, T5NR1W; and
3143 (i) within Section 29, T5NR1W.
3144 Section 67. Section 63M-6-203 is amended to read:
3145 63M-6-203. Certain improvements, alterations, and expansions prohibited.
3146 (1) A person or entity may not begin to develop, or authorize development, on any land
3147 identified in this chapter until the Governor's Office of Economic [
3148 has affirmatively authorized the development of the land because the development is consistent
3149 with those uses identified in the Hill Air Force Base AICUZ Land Use Compatibility
3150 Guidelines Study, as amended, dated October 1982.
3151 (2) Nothing in this chapter prohibits any property owner from improving, altering, or
3152 expanding any existing residential or commercial use of the property owner's property so long
3153 as the improvement, alteration, or expansion does not materially increase the human density of
3154 that present use.
3155 Section 68. Section 63M-11-201 is amended to read:
3156 63M-11-201. Composition -- Appointments -- Terms -- Removal.
3157 (1) The commission shall be composed of 20 voting members as follows:
3158 (a) the executive director of the Department of Health;
3159 (b) the executive director of the Department of Human Services;
3160 (c) the executive director of the Governor's Office of Economic [
3161 Opportunity;
3162 (d) the executive director of the Department of Workforce Services; and
3163 (e) 16 voting members, appointed by the governor, representing each of the following:
3164 (i) the Utah Association of Area Agencies on Aging;
3165 (ii) higher education in Utah;
3166 (iii) the business community;
3167 (iv) the Utah Association of Counties;
3168 (v) the Utah League of Cities and Towns;
3169 (vi) charitable organizations;
3170 (vii) the health care provider industry;
3171 (viii) financial institutions;
3172 (ix) the legal profession;
3173 (x) the public safety sector;
3174 (xi) public transportation;
3175 (xii) ethnic minorities;
3176 (xiii) the industry that provides long-term care for the elderly;
3177 (xiv) organizations or associations that advocate for the aging population;
3178 (xv) the Alzheimer's Association; and
3179 (xvi) the general public.
3180 (2) (a) A member appointed under Subsection (1)(e) shall serve a two-year term.
3181 (b) Notwithstanding the term requirements of Subsection (2)(a), the governor may
3182 adjust the length of the initial commission members' terms to ensure that the terms are
3183 staggered so that approximately 1/2 of the members appointed under Subsection (1)(e) are
3184 appointed each year.
3185 (c) When, for any reason, a vacancy occurs in a position appointed by the governor
3186 under Subsection (1)(e), the governor shall appoint a person to fill the vacancy for the
3187 unexpired term of the commission member being replaced.
3188 (d) Members appointed under Subsection (1)(e) may be removed by the governor for
3189 cause.
3190 (e) A member appointed under Subsection (1)(e) shall be removed from the
3191 commission and replaced by the governor if the member is absent for three consecutive
3192 meetings of the commission without being excused by the chair of the commission.
3193 (3) In appointing the members under Subsection (1)(e), the governor shall:
3194 (a) take into account the geographical makeup of the commission; and
3195 (b) strive to appoint members who are knowledgeable or have an interest in issues
3196 relating to the aging population.
3197 Section 69. Section 63N-1a-101, which is renumbered from Section 63N-1-101 is
3198 renumbered and amended to read:
3199
3200
3201
3202 [
3203 (1) This title is known as the [
3204 "Economic Opportunity Act."
3205 (2) This chapter is known as [
3206 Organization."
3207 Section 70. Section 63N-1a-102, which is renumbered from Section 63N-1-102 is
3208 renumbered and amended to read:
3209 [
3210 As used in this title:
3211 (1) "Baseline jobs" means the number of full-time employee positions that existed
3212 within a business entity in the state before the date on which a project related to the business
3213 entity is approved by the office or by the GO Utah board.
3214 (2) "Baseline state revenue" means the amount of state tax revenue collected from a
3215 business entity or the employees of a business entity during the year before the date on which a
3216 project related to the business entity is approved by the office or by the GO Utah board.
3217 [
3218
3219 [
3220
3221 (3) "Commission" means the Unified Economic Opportunity Commission created in
3222 Section 63N-1a-201.
3223 (4) "Economic opportunity agency" includes:
3224 (a) the Department of Workforce Services;
3225 (b) the Department of Heritage and Arts;
3226 (c) the Department of Commerce;
3227 (d) the Department of Natural Resources;
3228 (e) the Office of Energy Development;
3229 (f) the State Board of Education;
3230 (g) institutions of higher education;
3231 (h) the Utah Multicultural Commission;
3232 (i) the World Trade Center Utah;
3233 (j) local government entities;
3234 (k) associations of governments;
3235 (l) the Utah League of Cities and Towns;
3236 (m) the Utah Association of Counties;
3237 (n) the Economic Development Corporation of Utah;
3238 (o) the Small Business Administration;
3239 (p) chambers of commerce;
3240 (q) industry associations;
3241 (r) small business development centers; and
3242 (s) other entities identified by the commission or the executive director.
3243 (5) "Executive director" means the executive director of the office.
3244 (6) "Full-time employee" means an employment position that is filled by an employee
3245 who works at least 30 hours per week and:
3246 (a) may include an employment position filled by more than one employee, if each
3247 employee who works less than 30 hours per week is provided benefits comparable to a
3248 full-time employee; and
3249 (b) may not include an employment position that is shifted from one jurisdiction in the
3250 state to another jurisdiction in the state.
3251 (7) "GO Utah board" means the Business and Economic Development Subcommittee
3252 created in Section 63N-1b-202.
3253 [
3254 the aggregate average annual gross wage of the employment position, not including health care
3255 or other paid or unpaid benefits, is [
3256 (a) at least 110% of the average wage of the county in which the employment position
3257 exists[
3258 (b) for an employment position related to a project described in Chapter 2, Part 1,
3259 Economic Development Tax Increment Financing, and that is located within the boundary of a
3260 county of the third, fourth, fifth, or sixth class, or located within a municipality in a county of
3261 the second class and where the municipality has a population of 10,000 or less:
3262 (i) at least 100% of the average wage of the county in which the employment position
3263 exists; or
3264 (ii) an amount determined by rule made by the office in accordance with Title 63G,
3265 Chapter 3, Utah Administrative Rulemaking Act, if the office determines the project is in a
3266 county experiencing economic distress.
3267 [
3268 [
3269 project related to the business entity; and
3270 [
3271 business entity.
3272 (b) "Incremental job" includes a full-time employment position where the employee is
3273 hired:
3274 (i) directly by a business entity; or
3275 (ii) by a professional employer organization, as defined in Section 31A-40-102, on
3276 behalf of a business entity.
3277 [
3278 or a business entity's employees during a calendar year minus the baseline state revenue
3279 calculation.
3280 [
3281 Economic [
3282 [
3283 business entity's employees under any combination of the following provisions:
3284 (a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
3285 (b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
3286 Information;
3287 (c) Title 59, Chapter 10, Part 2, Trusts and Estates;
3288 (d) Title 59, Chapter 10, Part 4, Withholding of Tax; and
3289 (e) Title 59, Chapter 12, Sales and Use Tax Act.
3290 (13) "State strategic goals" means the strategic goals listed in Section 63N-1a-103.
3291 (14) "Statewide economic development strategy" means the economic development
3292 strategy developed by the commission in accordance with Section 63N-1a-202.
3293 Section 71. Section 63N-1a-103 is enacted to read:
3294 63N-1a-103. Purpose.
3295 (1) The mission of the Economic Opportunity Act and the entities established herein is
3296 to catalyze strategic economic opportunities for all residents of the state with a vision of
3297 creating economically thriving communities, businesses, and families throughout the state.
3298 (2) The mission and vision are realized through targeted efforts that demonstrably
3299 improve quality of life, measured by the extent to which the efforts accomplish the following
3300 strategic goals:
3301 (a) catalyzing targeted industry growth;
3302 (b) supporting economically thriving communities;
3303 (c) empowering students and workers with market-relevant skills;
3304 (d) stimulating economic growth in rural and multicultural communities through
3305 household level efforts; and
3306 (e) securing healthy and resilient ecosystems for current and future generations.
3307 Section 72. Section 63N-1a-201 is enacted to read:
3308
3309 63N-1a-201. Creation of commission.
3310 (1) There is created in the office the Unified Economic Opportunity Commission,
3311 established to carry out the mission described in Section 63N-1a-103 and direct the office and
3312 other appropriate entities in fulfilling the state's strategic goals.
3313 (2) The commission consists of:
3314 (a) the following voting members:
3315 (i) the governor, who shall serve as the chair of the commission;
3316 (ii) the executive director, who shall serve as the vice chair of the commission;
3317 (iii) the executive director of the Department of Workforce Services;
3318 (iv) the executive director of the Department of Transportation;
3319 (v) the executive director of the Department of Natural Resources;
3320 (vi) the executive director of the Department of Commerce;
3321 (vii) the commissioner of the Department of Agriculture and Food;
3322 (viii) the executive director of the Governor's Office of Management and Budget;
3323 (ix) the commissioner of higher education;
3324 (x) the state superintendent of public instruction;
3325 (xi) the president of the Senate or the president's designee;
3326 (xii) the speaker of the House of Representatives or the speaker's designee;
3327 (xiii) one individual who is knowledgeable about housing needs in the state, including
3328 housing density and land use, appointed by the governor;
3329 (xiv) one individual who represents the interests of urban cities, appointed by the Utah
3330 League of Cities and Towns; and
3331 (xv) one individual who represents the interests of rural counties, appointed by the
3332 Utah Association of Counties; and
3333 (b) the following non-voting members:
3334 (i) the chief executive officer of World Trade Center Utah;
3335 (ii) the chief executive officer of the Economic Development Corporation of Utah; and
3336 (iii) a senior advisor to the chair of the commission with expertise in rural affairs of the
3337 state, appointed by the chair of the commission.
3338 (3) A majority of commission members constitutes a quorum for the purposes of
3339 conducting commission business and the action of a majority of a quorum constitutes the action
3340 of the commission.
3341 (4) The executive director of the office, or the executive director's designee, is the
3342 executive director of the commission.
3343 (5) The office shall provide:
3344 (a) office space and administrative staff support for the commission; and
3345 (b) the central leadership and coordination of the commission's efforts in the field of
3346 economic development.
3347 (6) (a) A member may not receive compensation or benefits for the member's service
3348 on the commission, but may receive per diem and travel expenses in accordance with:
3349 (i) Sections 63A-3-106 and 63A-3-107; and
3350 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
3351 63A-3-107.
3352 (b) Compensation and expenses of a commission member who is a legislator are
3353 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
3354 Expenses.
3355 Section 73. Section 63N-1a-202 is enacted to read:
3356 63N-1a-202. Commission duties.
3357 (1) The commission shall:
3358 (a) develop, coordinate, and lead a comprehensive statewide economic development
3359 strategy that:
3360 (i) unifies and coordinates economic development efforts in the state;
3361 (ii) includes key performance indicators for long-term progress toward the state
3362 strategic goals;
3363 (iii) establishes reporting and accountability processes for the key performance
3364 indicators; and
3365 (iv) ensures the success of the statewide economic development strategy is shared
3366 among the urban and rural areas of the state;
3367 (b) receive feedback, input, and reports from economic opportunity agencies regarding
3368 programs related to the statewide economic development strategy;
3369 (c) develop the statewide economic strategy in view of the state water policy described
3370 in Section 73-1-21, including the state's commitment to appropriate conservation, efficient and
3371 optimal use of water resources, infrastructure development and improvement, optimal
3372 agricultural use, water quality, reasonable access to recreational activities, effective wastewater
3373 treatment, and protecting and restoring healthy ecosystems;
3374 (d) direct and facilitate changes to or recommend elimination of economic
3375 development programs to ensure alignment with the mission and vision described in Section
3376 63N-1a-103;
3377 (e) at least once every five years, identify industry clusters on which the commission
3378 recommends the state focus recruiting and expansion efforts;
3379 (f) establish strategies for the recruitment and retention of targeted industry clusters
3380 while respecting the different needs of rural and urban areas throughout the state;
3381 (g) establish strategies for supporting entrepreneurship and small business development
3382 in the state;
3383 (h) analyze the state's projected long-term population and economic growth and plan
3384 for the anticipated impacts of the projected growth in a manner that improves quality of life
3385 and is consistent with the statewide economic development strategy and state strategic goals;
3386 (i) identify gaps and potential solutions related to improving infrastructure, especially
3387 as related to the state's projected long-term population growth;
3388 (j) support the development of a prepared workforce that can support critical industries
3389 and industry clusters identified by the commission;
3390 (k) coordinate and develop strategies that assist education providers and industry to
3391 cooperate in supporting students in developing market relevant skills to meet industry needs;
3392 (l) develop strategies and plans to ensure comprehensive economic development efforts
3393 are targeted to the unique needs of rural areas of the state;
3394 (m) study the unique needs of multicultural communities throughout the state and
3395 develop household-level plans to ensure residents of the state can participate in economic
3396 opportunities in the state;
3397 (n) ensure the commission's efforts are, to the extent practicable, data-driven and
3398 evidence-based;
3399 (o) support an integrated international trade strategy for the state;
3400 (p) facilitate coordination among public, private, and nonprofit economic opportunity
3401 agencies; and
3402 (q) in performing the commission's duties, consider the recommendations of the
3403 subcommittees described in Chapter 1b, Commission Subcommittees.
3404 (2) The commission shall provide a report to the office for inclusion in the office's
3405 annual written report described in Section 63N-1a-306, that includes:
3406 (a) the statewide economic development strategy;
3407 (b) a description of how the commission fulfilled the commission's statutory purposes
3408 and duties during the year, including any relevant findings;
3409 (c) the key performance indicators included in the statewide economic development
3410 strategy, including data showing the extent to which the indicators are being met; and
3411 (d) any legislative recommendations.
3412 Section 74. Section 63N-1a-301, which is renumbered from Section 63N-1-201 is
3413 renumbered and amended to read:
3414
3415 [
3416 (1) There is created the Governor's Office of Economic [
3417 (2) The office is:
3418 (a) responsible for [
3419
3420 commission; and
3421 (b) the industrial and business promotion authority of the state.
3422 (3) The office shall:
3423 (a) consistent with the statewide economic development strategy, coordinate and align
3424 into a single effort the activities of the economic opportunity agencies in the field of economic
3425 development;
3426 (b) provide support and direction to economic opportunity agencies in establishing
3427 goals, metrics, and activities that align with the statewide economic development strategy;
3428 [
3429 programs;
3430 [
3431 agricultural, and civic welfare of the state;
3432 [
3433 purchase of goods and services produced in the state by local businesses;
3434 [
3435 the state, in accordance with the statewide economic development plan and commission
3436 directives;
3437 [
3438 [
3439
3440 (h) act to assist strategic industries that are likely to drive future economic growth;
3441 (i) assist communities in the state in developing economic development capacity and
3442 coordination with other communities;
3443 (j) identify areas of education and workforce development in the state that can be
3444 improved to support economic and business development;
3445 (k) consistent with direction from the commission, develop core strategic priorities for
3446 the office, which may include:
3447 (i) enhancing statewide access to entrepreneurship opportunities and small business
3448 support;
3449 (ii) focusing industry recruitment and expansion on strategically chosen clusters of
3450 industries;
3451 (iii) ensuring that in awarding competitive economic development incentives the office
3452 accurately measures the benefits and costs of the incentives; and
3453 (iv) assisting communities with technical support to aid those communities in
3454 improving economic development opportunities;
3455 [
3456 63N-1a-306; and
3457 [
3458 (4) In order to perform its duties under this title, the office may:
3459 (a) enter into a contract or agreement with, or make a grant to, a public or private
3460 entity, including a municipality, if the contract or agreement is not in violation of state statute
3461 or other applicable law;
3462 (b) except as provided in Subsection (4)(c), receive and expend funds from a public or
3463 private source for any lawful purpose that is in the state's best interest; and
3464 (c) solicit and accept a contribution of money, services, or facilities from a public or
3465 private donor, but may not use the contribution for publicizing the exclusive interest of the
3466 donor.
3467 (5) Money received under Subsection (4)(c) shall be deposited in the General Fund as
3468 dedicated credits of the office.
3469 (6) (a) The office shall:
3470 (i) obtain the advice of the GO Utah board before implementing a change to a policy,
3471 priority, or objective under which the office operates[
3472 (ii) provide periodic updates to the commission regarding the office's efforts under
3473 Subsections (3)(a) and (b).
3474 (b) Subsection (6)(a)(i) does not apply to the routine administration by the office of
3475 money or services related to the assistance, retention, or recruitment of business, industry, or
3476 commerce in the state.
3477 Section 75. Section 63N-1a-302, which is renumbered from Section 63N-1-202 is
3478 renumbered and amended to read:
3479 [
3480 Removal -- Compensation.
3481 (1) The office shall be administered, organized, and managed by an executive director
3482 appointed by the governor, with the advice and consent of the Senate.
3483 (2) The executive director serves at the pleasure of the governor.
3484 (3) The salary of the executive director shall be established by the governor within the
3485 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
3486 Section 76. Section 63N-1a-303, which is renumbered from Section 63N-1-203 is
3487 renumbered and amended to read:
3488 [
3489 (1) Unless otherwise expressly provided by statute, the executive director may organize
3490 the office in any appropriate manner, including the appointment of deputy directors of the
3491 office.
3492 (2) The executive director may consolidate personnel and service functions for
3493 efficiency and economy in the office.
3494 (3) The executive director, with the approval of the governor:
3495 (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal
3496 Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
3497 (b) may enter into a lawful contract or agreement with another state, a chamber of
3498 commerce organization, a service club, or a private entity; and
3499 (c) shall annually prepare and submit to the governor a budget of the office's financial
3500 requirements.
3501 (4) With the governor's approval, if a federal program requires the expenditure of state
3502 funds as a condition for the state to participate in a fund, property, or service, the executive
3503 director may expend necessary funds from money provided by the Legislature for the use of the
3504 office.
3505 (5) The executive director shall coordinate with the executive directors of the
3506 Department of Workforce Services and the Governor's Office of Management and Budget to
3507 review data and metrics to be reported to the Legislature as described in Subsection
3508 [
3509 Section 77. Section 63N-1a-304, which is renumbered from Section 63N-1-204 is
3510 renumbered and amended to read:
3511 [
3512 Commission.
3513 (1) The executive director or the executive director's designee shall:
3514 (a) become generally informed of significant rate cases and policy proceedings before
3515 the Public Service Commission; and
3516 (b) monitor and study the potential economic development impact of these
3517 proceedings.
3518 (2) In the discretion of the executive director or the executive director's designee, the
3519 office may appear in a proceeding before the Public Service Commission to testify, advise, or
3520 present argument regarding the economic development impact of a matter that is the subject of
3521 the proceeding.
3522 Section 78. Section 63N-1a-305, which is renumbered from Section 63N-1-205 is
3523 renumbered and amended to read:
3524 [
3525 The Legislature intends that the [
3526 will develop an incentives review process under the direction of the speaker of the House and
3527 the president of the Senate.
3528 Section 79. Section 63N-1a-306, which is renumbered from Section 63N-1-301 is
3529 renumbered and amended to read:
3530 [
3531 (1) The office shall prepare and submit to the governor and the Legislature, by October
3532 1 of each year, an annual written report of the operations, activities, programs, and services of
3533 the office, including the divisions, sections, boards, commissions, councils, and committees
3534 established under this title, for the preceding fiscal year.
3535 (2) For each operation, activity, program, or service provided by the office, the annual
3536 report shall include:
3537 (a) a description of the operation, activity, program, or service;
3538 (b) data and metrics:
3539 (i) selected and used by the office to measure progress, performance, effectiveness, and
3540 scope of the operation, activity, program, or service, including summary data; and
3541 (ii) that are consistent and comparable for each state operation, activity, program, or
3542 service that primarily involves employment training or placement as determined by the
3543 executive directors of the office, the Department of Workforce Services, and the Governor's
3544 Office of Management and Budget;
3545 (c) budget data, including the amount and source of funding, expenses, and allocation
3546 of full-time employees for the operation, activity, program, or service;
3547 (d) historical data from previous years for comparison with data reported under
3548 Subsections (2)(b) and (c);
3549 (e) goals, challenges, and achievements related to the operation, activity, program, or
3550 service;
3551 (f) relevant federal and state statutory references and requirements;
3552 (g) contact information of officials knowledgeable and responsible for each operation,
3553 activity, program, or service; and
3554 (h) other information determined by the office that:
3555 (i) may be needed, useful, or of historical significance; or
3556 (ii) promotes accountability and transparency for each operation, activity, program, or
3557 service with the public and elected officials.
3558 (3) The annual report shall be designed to provide clear, accurate, and accessible
3559 information to the public, the governor, and the Legislature.
3560 (4) The office shall:
3561 (a) submit the annual report in accordance with Section 68-3-14;
3562 (b) make the annual report, and previous annual reports, accessible to the public by
3563 placing a link to the reports on the office's website; and
3564 (c) provide the data and metrics described in Subsection (2)(b) to the [
3565
3566 Subcommittee created in Section 63N-1b-301.
3567 [
3568 [
3569
3570
3571 [
3572
3573
3574 [
3575 [
3576
3577 [
3578
3579 [
3580
3581 [
3582
3583 [
3584
3585
3586
3587
3588 [
3589
3590
3591 [
3592 [
3593
3594 [
3595
3596 [
3597
3598 [
3599 [
3600
3601 [
3602
3603
3604 [
3605
3606
3607 [
3608
3609 [
3610
3611 [
3612 [
3613 [
3614 [
3615 [
3616
3617
3618 Section 80. Section 63N-1b-101 is enacted to read:
3619
3620
3621 63N-1b-101. Definitions.
3622 As used in this chapter:
3623 (1) "Apprenticeship program" means a program that:
3624 (a) combines paid on-the-job learning with formal classroom instruction to prepare
3625 students for careers; and
3626 (b) includes:
3627 (i) structured on-the-job learning for students under the supervision of a skilled
3628 employee;
3629 (ii) classroom instruction for students related to the on-the-job learning;
3630 (iii) ongoing student assessments using established competency and skills standards;
3631 and
3632 (iv) the student receiving an industry-recognized credential or degree upon completion
3633 of the program.
3634 (2) "Career and technical education region" means an economic service area created in
3635 Section 35A-2-101.
3636 (3) "High quality professional learning" means the professional learning standards for
3637 teachers and principals described in Section 53G-11-303.
3638 (4) "Institution of higher education" means the University of Utah, Utah State
3639 University, Southern Utah University, Weber State University, Snow College, Dixie State
3640 University, Utah Valley University, or Salt Lake Community College.
3641 (5) "Local education agency" means a school district, a charter school, or the Utah
3642 Schools for the Deaf and the Blind.
3643 (6) "Master plan" means the computer science education master plan described in
3644 Section 63N-1b-304.
3645 (7) "Participating employer" means an employer that:
3646 (a) partners with an educational institution on a curriculum for an apprenticeship
3647 program or work-based learning program; and
3648 (b) provides an apprenticeship or work-based learning program for students.
3649 (8) "State board" means the State Board of Education.
3650 (9) "Talent program" means the Talent Ready Utah Program created in Section
3651 63N-1b-302.
3652 (10) "Talent subcommittee" means the Talent, Education, and Industry Alignment
3653 Subcommittee created in Section 63N-1b-301.
3654 (11) "Technical college" means:
3655 (a) a technical college described in Section 53B-2a-105;
3656 (b) the School of Applied Technology at Salt Lake Community College established in
3657 Section 53B-16-209;
3658 (c) Utah State University Eastern established in Section 53B-18-1201;
3659 (d) Utah State University Blanding established in Section 53B-18-1202; or
3660 (e) the Snow College Richfield campus established in Section 53B-16-205.
3661 (12) (a) "Work-based learning program" means a program that combines structured and
3662 supervised learning activities with authentic work experiences and that is implemented through
3663 industry and education partnerships.
3664 (b) "Work-based learning program" includes the following objectives:
3665 (i) providing students an applied workplace experience using knowledge and skills
3666 attained in a program of study that includes an internship, externship, or work experience;
3667 (ii) providing an educational institution with objective input from a participating
3668 employer regarding the education requirements of the current workforce; and
3669 (iii) providing funding for programs that are associated with high-wage, in-demand, or
3670 emerging occupations.
3671 (13) "Workforce programs" means education or industry programs that facilitate
3672 training the state's workforce to meet industry demand.
3673 Section 81. Section 63N-1b-102 is enacted to read:
3674 63N-1b-102. Subcommittees generally.
3675 (1) Each subcommittee created under this part or by the commission in accordance
3676 with this section serves under the direction of the commission and shall assist the commission
3677 in performing the commission's duties.
3678 (2) In addition to the subcommittees created under this part, the commission may
3679 establish one or more subcommittees to assist and advise the commission on specified topics or
3680 issues relevant to the commission's duties, including:
3681 (a) rural economic growth;
3682 (b) sustainable community growth;
3683 (c) small business and entrepreneurism;
3684 (d) multicultural economic empowerment; and
3685 (e) international relations, trade, and immigration.
3686 (3) When establishing a subcommittee under Subsection (2), the commission shall:
3687 (a) appoint members to the subcommittee that represent a range of views and expertise;
3688 and
3689 (b) adopt subcommittee procedures and directives.
3690 (4) (a) A member of a subcommittee may not receive compensation or benefits for the
3691 member's service, but may receive per diem and travel expenses in accordance with:
3692 (i) Section 63A-3-106;
3693 (ii) Section 63A-3-107; and
3694 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3695 (b) Compensation and expenses of a subcommittee member who is a legislator are
3696 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
3697 Expenses.
3698 Section 82. Section 63N-1b-201, which is renumbered from Section 63N-1-401 is
3699 renumbered and amended to read:
3700
3701 [
3702 Subcommittee -- Creation -- Membership -- Expenses.
3703 (1) (a) There is created [
3704
3705 Development Subcommittee, consisting of 15 members appointed by the [
3706 the commission, in consultation with the executive director, to four-year terms of office with
3707 the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
3708 Vacancies[
3709 (i) a representative from a rural association of governments;
3710 (ii) a rural representative of agriculture;
3711 (iii) a rural representative of the travel industry;
3712 (iv) a representative of rural utilities; and
3713 (v) a representative from the oil, gas, or mineral extraction industry.
3714 (b) Notwithstanding the requirements of Subsection (1)(a), the [
3715 commission shall, at the time of appointment or reappointment, adjust the length of terms to
3716 ensure that the terms of board members are staggered so that approximately half of the [
3717 subcommittee is appointed every two years.
3718 (c) The members may not serve more than two full consecutive terms except where the
3719 [
3720 the state.
3721 (2) In appointing members of the committee, the [
3722 shall ensure that:
3723 (a) no more than eight members of the [
3724 party; and
3725 (b) members represent a variety of geographic areas and economic interests of the state.
3726 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
3727 appointed for the unexpired term in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
3728 (4) Eight members of the [
3729 board business and exercising board power.
3730 (5) The [
3731 member as the [
3732 chair.
3733 (6) A member may not receive compensation or benefits for the member's service, but
3734 may receive per diem and travel expenses in accordance with:
3735 (a) Section 63A-3-106;
3736 (b) Section 63A-3-107; and
3737 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3738 (7) A member shall comply with the conflict of interest provisions described in Title
3739 63G, Chapter 24, Part 3, Conflicts of Interest.
3740 (8) Nothing in this section prohibits an individual who, on May 4, 2021, is a member
3741 of a board within the office known as the Board of Business and Economic Development from
3742 serving as a member of the GO Utah board.
3743 Section 83. Section 63N-1b-202, which is renumbered from Section 63N-1-402 is
3744 renumbered and amended to read:
3745 [
3746 Subcommittee duties and powers.
3747 (1) The [
3748 assist the [
3749 (a) promote and encourage the economic, commercial, financial, industrial,
3750 agricultural, and civic welfare of the state;
3751 (b) promote and encourage the development, attraction, expansion, and retention of
3752 businesses, industries, and commerce in the state;
3753 (c) support the efforts of local government and regional nonprofit economic
3754 development organizations to encourage expansion or retention of businesses, industries, and
3755 commerce in the state;
3756 (d) act to enhance the state's economy;
3757 (e) work in conjunction with companies and individuals located or doing business in
3758 the state to secure favorable rates, fares, tolls, charges, and classification for transportation of
3759 persons or property by:
3760 (i) railroad;
3761 (ii) motor carrier; or
3762 (iii) other common carriers;
3763 (f) [
3764 the assistance, retention, or recruitment of business, industries, and commerce in the state;
3765 (g) [
3766 retention, or recruitment of businesses, industries, and commerce in the state;
3767 (h) [
3768 available to all areas of the state in accordance with federal and state law; [
3769 (i) identify local, regional, and statewide rural economic development and planning
3770 priorities;
3771 (j) understand, through study and input, issues relating to local, regional, and statewide
3772 rural economic development, including challenges, opportunities, best practices, policy,
3773 planning, and collaboration; and
3774 [
3775 imposed on a public officer under Title 67, Chapter 16, Utah Public Officers' and Employees'
3776 Ethics Act.
3777 (2) The subcommittee shall:
3778 (a) serve as an advisory board to the commission on rural economic development
3779 issues;
3780 (b) prepare an annual strategic plan that:
3781 (i) identifies rural economic development, planning, and leadership training challenges,
3782 opportunities, priorities, and objectives; and
3783 (ii) includes a work plan for accomplishing the objectives referred to in Subsection
3784 (1)(b)(i); and
3785 (c) oversee the Rural County Grant Program created in Section 17-54-103.
3786 [
3787 (a) in accordance with Subsection (1)(e), appear as a party litigant on behalf of an
3788 individual or a company located or doing business in the state in a proceeding before a
3789 regulatory commission of the state, another state, or the federal government; and
3790 (b) in consultation with the executive director, make, amend, or repeal rules for the
3791 conduct of its business consistent with this part and in accordance with Title 63G, Chapter 3,
3792 Utah Administrative Rulemaking Act.
3793 Section 84. Section 63N-1b-301, which is renumbered from Section 63N-12-503 is
3794 renumbered and amended to read:
3795
3796 [
3797 Subcommittee -- Creation -- Membership -- Expenses -- Duties.
3798 [
3799
3800 (1) There is created a subcommittee of the commission called the Talent, Education,
3801 and Industry Alignment Subcommittee composed of the following members:
3802 (a) the state superintendent of public instruction or the superintendent's designee;
3803 (b) the commissioner of higher education or the commissioner of higher education's
3804 designee;
3805 (c) the chair of the State Board of Education or the chair's designee;
3806 (d) the executive director of the Department of Workforce Services or the executive
3807 director of the department's designee;
3808 (e) the executive director of [
3809 designee;
3810 (f) the director of the Division of Occupational and Professional Licensing or the
3811 director's designee;
3812 (g) the governor's education advisor or the advisor's designee;
3813 (h) one member of the Senate, appointed by the president of the Senate;
3814 (i) one member of the House of Representatives, appointed by the speaker of the House
3815 of Representatives;
3816 (j) the president of the Salt Lake Chamber or the president's designee;
3817 (k) three representatives of private industry chosen by the [
3818 commission;
3819 (l) a representative of the technology industry chosen by the [
3820 commission;
3821 (m) the lieutenant governor or the lieutenant governor's designee; and
3822 (n) any additional individuals appointed by the commission who represent:
3823 (i) one or more individual educational institutions; or
3824 (ii) education or industry professionals.
3825 (2) The [
3826 the members of the talent [
3827 (3) The talent [
3828 (4) Attendance of a majority of the members of the talent [
3829 constitutes a quorum for the transaction of official talent [
3830 (5) Formal action by the talent [
3831 of a quorum.
3832 (6) A member of the talent [
3833 (a) may not receive compensation or benefits for the member's service; and
3834 (b) who is not a legislator may receive per diem and travel expenses in accordance
3835 with:
3836 (i) Section 63A-3-106;
3837 (ii) Section 63A-3-107; and
3838 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3839 63A-3-107.
3840 (7) The talent [
3841 (a) (i) review and develop metrics to measure the progress, performance, effectiveness,
3842 and scope of any state operation, activity, program, or service that primarily involves
3843 employment training or placement; and
3844 (ii) ensure that the metrics described in Subsection (7)(a) are consistent and
3845 comparable for each state operation, activity, program, or service that primarily involves
3846 employment training or placement;
3847 (b) make recommendations to the [
3848 training and education in the state with industry demand;
3849 (c) make recommendations to the [
3850 technical education with current and future workforce needs; and
3851 (d) coordinate with the [
3852 Subsection [
3853 Section 85. Section 63N-1b-302, which is renumbered from Section 63N-12-502 is
3854 renumbered and amended to read:
3855 [
3856 (1) There is created within [
3857 Program.
3858 (2) The executive director shall appoint a director of the [
3859 (3) The director of the [
3860 the executive director.
3861 (4) The [
3862 subcommittee to:
3863 (a) further education and industry alignment in the state;
3864 (b) coordinate the development of new education programs that align with industry
3865 demand;
3866 (c) coordinate or partner with other state agencies to administer grant programs;
3867 (d) promote the inclusion of industry partners in education;
3868 (e) provide outreach and information to employers regarding workforce programs and
3869 initiatives;
3870 (f) develop and analyze stackable credential programs;
3871 (g) determine efficiencies among workforce providers;
3872 (h) map available workforce programs focusing on programs that successfully create
3873 high-paying jobs; and
3874 (i) support initiatives of the talent [
3875 Section 86. Section 63N-1b-303, which is renumbered from Section 63N-12-504 is
3876 renumbered and amended to read:
3877 [
3878 The [
3879 talent program's operations and recommendations for inclusion in [
3880 written report described in Section [
3881 apprenticeship pilot program described in Section [
3882 Section 87. Section 63N-1b-304, which is renumbered from Section 63N-12-505 is
3883 renumbered and amended to read:
3884 [
3885 [
3886 consultation with the state board and the [
3887 science education master plan that:
3888 (1) includes a statement of the objectives and goals of the master plan;
3889 (2) describes how the talent [
3890 administer the Computer Science for Utah Grant Program created in Section [
3891 63N-1b-305;
3892 (3) provides guidance for local education agencies in implementing computer science
3893 education opportunities for students in high school, middle school, and elementary school;
3894 (4) integrates recommendations and best practices from private and public entities that
3895 are seeking to improve and expand the opportunities for computer science education, including
3896 the Expanding Computer Education Pathways Alliance; and
3897 (5) makes recommendations to assist a local education agency in creating a local
3898 education agency computer science plan described in Subsection [
3899 including:
3900 (a) providing recommendations regarding course offerings in computer science;
3901 (b) providing recommendations regarding professional development opportunities in
3902 computer science for licensed teachers;
3903 (c) providing recommendations regarding curriculum software for computer science
3904 courses;
3905 (d) providing recommendations regarding assessment solutions to measure the learning
3906 outcomes of students in computer science courses; and
3907 (e) providing information regarding how a local education agency can receive technical
3908 support from the talent [
3909 opportunities for students.
3910 Section 88. Section 63N-1b-305, which is renumbered from Section 63N-12-506 is
3911 renumbered and amended to read:
3912 [
3913 (1) As used in this section, "grant program" means the Computer Science for Utah
3914 Grant Program created in Subsection (2).
3915 (2) The Computer Science for Utah Grant Program is created to provide grants to
3916 eligible local education agencies for improving computer science learning outcomes and course
3917 offerings as demonstrated by:
3918 (a) the creation and implementation of a local education agency computer science plan
3919 as described in Subsection (7); and
3920 (b) the effective implementation of approved courses and the provision of effective
3921 training opportunities for licensed teachers.
3922 (3) Subject to appropriations from the Legislature, and subject to the approval of the
3923 talent [
3924 money appropriated for the grant program in accordance with this section.
3925 (4) The state board shall:
3926 (a) solicit applications from local education agency boards to receive grant money
3927 under the grant program;
3928 (b) make recommendations to the talent [
3929 awarding of grant money to a local education agency board on behalf of a local education
3930 agency based on the criteria described in Subsection (6); and
3931 (c) obtain final approval from the talent [
3932 grant money.
3933 (5) In administering the Computer Science for Utah Grant Program, the state board and
3934 the office, in consultation with the talent [
3935 accordance with this part and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
3936 (a) describe the form and deadlines for a grant application by a local education agency
3937 under this section; and
3938 (b) describe the reporting requirements required by a local education agency after
3939 receiving a grant under this section.
3940 (6) In awarding a grant under Subsection (3), the state board shall consider the
3941 effectiveness of the local education agency in creating and implementing a local education
3942 agency computer science plan as described in Subsection (7).
3943 (7) Each local education agency that seeks a grant as described in this section shall
3944 submit a written computer science plan, in a form approved by the state board and the talent
3945 [
3946 (a) covers at least four years;
3947 (b) addresses the recommendations of the talent [
3948 computer science education master plan described in Section [
3949 (c) identifies targets for improved computer science offerings, student learning, and
3950 licensed teacher training;
3951 (d) describes a computer science professional development program and other
3952 opportunities for high quality professional learning for licensed teachers or individuals training
3953 to become licensed teachers;
3954 (e) provides a detailed budget, communications, and reporting structure for
3955 implementing the computer science plan;
3956 (f) commits to provide one computer science course offering, approved by the talent
3957 [
3958 agency;
3959 (g) commits to integrate computer science education into the curriculum of each
3960 elementary school within the local education agency; and
3961 (h) includes any other requirement established by the state board or the office by rule,
3962 in consultation with the talent [
3963 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3964 (8) Each local education agency that receives a grant as described in this section shall
3965 provide an annual written assessment to the state board and the talent [
3966 subcommittee for each year that the local education agency receives a grant or expends grant
3967 money that includes:
3968 (a) how the grant money was used;
3969 (b) any improvements in the number and quality of computer science offerings
3970 provided by the local education agency and any increase in the number of licensed teachers
3971 providing computer science teaching to students;
3972 (c) any difficulties encountered during implementation of the local education agency's
3973 written computer science plan and steps that will be taken to address the difficulties; and
3974 (d) any other requirement established by the state board or the office by rule, in
3975 consultation with the talent [
3976 63G, Chapter 3, Utah Administrative Rulemaking Act.
3977 (9) (a) The state board and the talent [
3978 annual written assessment described in Subsection (8).
3979 (b) As a result of the review described in Subsection (9)(a):
3980 (i) the state board or the talent [
3981 recommendations to improve the progress of the local education agency in meeting the
3982 objectives of the written computer science plan;
3983 (ii) the state board may determine not to renew or extend a grant under this section; or
3984 (iii) the state board or the talent [
3985 assist the local education agency.
3986 Section 89. Section 63N-1b-306, which is renumbered from Section 63N-12-507 is
3987 renumbered and amended to read:
3988 [
3989 (1) The [
3990 subcommittee may partner with one or more of the following to facilitate and encourage
3991 apprenticeship opportunities and work-based learning opportunities for Utah students:
3992 (a) the state board;
3993 (b) the Utah system of higher education; and
3994 (c) a participating employer in the state.
3995 (2) Subject to appropriations from the Legislature and in accordance with the proposal
3996 process and other provisions of this section, the talent [
3997 concurrence of the executive director, may provide funding for approved apprenticeship
3998 opportunities and work-based learning opportunities.
3999 (3) To receive funding under this section, an entity described in Subsection (1) seeking
4000 to partner with the [
4001 program, in a form approved by the [
4002 determined by the [
4003 (a) the proposal shall include:
4004 (i) a description of the proposed apprenticeship program or work-based learning
4005 program that demonstrates the program will be:
4006 (A) responsive to the workforce needs of a high demand industry or occupation; and
4007 (B) a partnership between at least one participating employer and at least one public
4008 high school, technical college, or institution of higher education;
4009 (ii) an estimate of:
4010 (A) student enrollment in the program;
4011 (B) what school credit, credentials, certifications, or other workforce attainments will
4012 be provided by the program; and
4013 (C) job-placement rates for students who complete the program;
4014 (iii) a description of any financial contributions or in-kind contributions that will be
4015 provided by each participating employer in the program;
4016 (iv) if the program would require state board approval under the provisions of Section
4017 53B-16-102, evidence that the state board has approved the program; and
4018 (v) the amount of funding requested for the program, including justification for the
4019 funding; and
4020 (b) while not required, a preference may be given to a proposal that includes:
4021 (i) a description of a stackable credentialing pathway for participating students that will
4022 be created by the program between at least two of the following:
4023 (A) a public high school;
4024 (B) a technical college; and
4025 (C) an institution of higher education; or
4026 (ii) the potential for participating students to obtain full-time employment with the
4027 participating employer upon completion of the program.
4028 (4) The talent [
4029 received and determine whether the proposal should be funded, using the following criteria:
4030 (a) the quality and completeness of the elements of the proposal described in
4031 Subsection (3)(a);
4032 (b) the quality of the optional elements of the proposal described in Subsection (3)(b);
4033 (c) to what extent the proposal would expand the capacity to meet state or regional
4034 workforce needs; and
4035 (d) other relevant criteria as determined by the talent [
4036 (5) A partnership that receives funding under this section:
4037 (a) shall use the money to accomplish the proposed apprenticeship program or
4038 work-based learning program;
4039 (b) may use the money to offset a participating employer's direct operational costs
4040 associated with employing students as part of an approved apprenticeship program or
4041 work-based learning program;
4042 (c) except as provided in Subsection (5)(d), may not use the money for educational
4043 administration; and
4044 (d) may use the money to support one full-time employee within a career and technical
4045 education region if:
4046 (i) each participating local education agency, public high school, technical college, and
4047 institution of higher education agree on which entity will house the full-time employee;
4048 (ii) the full-time employee spends all of the employee's time working exclusively to
4049 develop apprentice programs or work-based learning programs; and
4050 (iii) the full-time employee is responsible for regular reporting to and receiving training
4051 from the director of the [
4052 (6) The [
4053 apprenticeship programs and work-based learning programs described in this section,
4054 including:
4055 (a) working with and providing technical assistance to the participating partners that
4056 establish apprentice programs and work-based learning programs and that receive funding
4057 under the provisions of this section;
4058 (b) establishing reporting requirements for participating partners that establish
4059 apprentice programs and work-based learning programs and that receive funding under the
4060 provisions of this section;
4061 (c) providing outreach and marketing to encourage more employers to participate; and
4062 (d) annually providing information to [
4063 successes, and challenges of the center related to administering apprentice programs and
4064 work-based learning programs for inclusion in [
4065 described in Section [
4066 (i) specific entities that received funding under this section;
4067 (ii) the amount of funding provided to each entity; and
4068 (iii) the number of participating students in each apprentice program and work-based
4069 learning program.
4070 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
4071 the provisions of this section, the [
4072 (a) the method and deadlines for applying for funding under this section;
4073 (b) the distribution of funding under this section; and
4074 (c) the reporting requirements of each entity receiving funding under this section.
4075 Section 90. Section 63N-1b-307, which is renumbered from Section 63N-12-508 is
4076 renumbered and amended to read:
4077 [
4078 (1) There is created [
4079 (2) The program, under the direction of [
4080 subcommittee, shall coordinate and partner with the entities described below to develop
4081 short-term pre-employment training and short-term early employment training for student and
4082 workforce participants that meet the needs of businesses that are creating jobs and economic
4083 growth in the state by:
4084 (a) partnering with the office, the Department of Workforce Services, and the Utah
4085 system of higher education;
4086 (b) partnering with businesses that have significant hiring demands for primarily newly
4087 created jobs in the state;
4088 (c) coordinating with the Department of Workforce Services, education agencies, and
4089 employers to create effective recruitment initiatives to attract student and workforce
4090 participants and business participants to the program;
4091 (d) coordinating with the Utah system of higher education to develop educational and
4092 training resources to provide student participants in the program qualifications to be hired by
4093 business participants in the program; and
4094 (e) coordinating with the State Board of Education and local education agencies when
4095 appropriate to develop educational and training resources to provide student participants in the
4096 program qualifications to be hired by business participants in the program.
4097 (3) (a) Subject to appropriation, beginning on August 5, 2020, the office, in
4098 consultation with the talent [
4099 pandemic by directing financial grants to institutions of higher education described in Section
4100 53B-2-101 to offer short-term programs to:
4101 (i) provide training to furloughed, laid off, dislocated, underserved, or other
4102 populations affected by COVID-19 to fill employment gaps in the state;
4103 (ii) provide training and education related to industry needs; and
4104 (iii) provide students with certificates or other recognition after completion of training.
4105 (b) (i) As soon as is practicable but on or before July 31, 2020, the office shall report to
4106 the director of the Division of Finance about the grant program under this Subsection (3),
4107 including:
4108 (A) the process by which the office shall determine which institutions of higher
4109 education shall receive financial grants; and
4110 (B) the formula for awarding financial grants.
4111 (ii) The office shall:
4112 (A) participate in the presentation that the director of the Division of Finance provides
4113 to the president of the Senate, the speaker of the House of Representatives, the minority leader
4114 of the Senate, and the minority leader of the House of Representatives under Section
4115 63A-3-111; and
4116 (B) consider any recommendations for adjustments to the grant program from the
4117 president of the Senate, the speaker of the House of Representatives, the minority leader of the
4118 Senate, and the minority leader of the House of Representatives.
4119 (c) To implement Subsection (3)(a), an institution of higher education that receives
4120 grant funds:
4121 (i) may use grant funds for:
4122 (A) costs associated with developing a new program; or
4123 (B) costs associated with expanding an existing program; and
4124 (ii) shall demonstrate industry needs and opportunities for partnership with industry.
4125 (d) (i) The office shall award grant funds:
4126 (A) after an initial application period that ends on or before August 31, 2020; and
4127 (B) if funds remain after the initial application period, on a rolling basis until the
4128 earlier of funds being exhausted or November 30, 2020.
4129 (ii) An institution of higher education that receives grant funds shall expend the grant
4130 funds on or before December 1, 2020.
4131 (e) The [
4132 guidance, training, and workforce programs, to the targeted populations.
4133 (4) The office, in consultation with the talent [
4134 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance
4135 with the provisions of this section, make rules regarding the development and administration of
4136 the Utah Works Program.
4137 (5) The [
4138 for inclusion in the office's annual report described in Section [
4139 (a) the number of participants in the program;
4140 (b) how program participants learned about or were referred to the program, including
4141 the number of participants who learned about or were referred to the program by:
4142 (i) the Department of Workforce Services;
4143 (ii) marketing efforts of the [
4144 (iii) a school counselor; and
4145 (iv) other methods;
4146 (c) the number of participants who have completed training offered by the program;
4147 and
4148 (d) the number of participants who have been hired by a business participating in the
4149 program.
4150 Section 91. Section 63N-2-103 is amended to read:
4151 63N-2-103. Definitions.
4152 As used in this part:
4153 (1) "Authority" means:
4154 (a) the Utah Inland Port Authority, created in Section 11-58-201; or
4155 (b) the Military Installation Development Authority, created in Section 63H-1-201.
4156 (2) "Authority project area" means a project area of:
4157 (a) the Utah Inland Port Authority, created in Section 11-58-201; or
4158 (b) the Military Installation Development Authority, created in Section 63H-1-201.
4159 (3) "Business entity" means a person that enters into an agreement with the office to
4160 initiate a new commercial project in Utah that will qualify the person to receive a tax credit
4161 under Section 59-7-614.2 or 59-10-1107.
4162 (4) "Community reinvestment agency" has the same meaning as that term is defined in
4163 Section 17C-1-102.
4164 (5) "Development zone" means an economic development zone created under Section
4165 63N-2-104.
4166 (6) "Local government entity" means a county, city, town, or authority that enters into
4167 an agreement with the office to have a new commercial project that:
4168 (a) is initiated within:
4169 (i) the boundary of the county, city, or town; or
4170 (ii) an authority project area; and
4171 (b) qualifies the county, city, town, or authority to receive a tax credit under Section
4172 59-7-614.2.
4173 (7) (a) "New commercial project" means an economic development opportunity that:
4174 (i) involves new or expanded industrial, manufacturing, distribution, or business
4175 services in [
4176 (ii) advances the statewide economic development strategy.
4177 (b) "New commercial project" does not include retail business.
4178 (8) "Significant capital investment" means an amount of at least $10,000,000 to
4179 purchase capital or fixed assets, which may include real property, personal property, and other
4180 fixtures related to a new commercial project:
4181 (a) that represents an expansion of existing operations in the state; or
4182 (b) that maintains or increases the business entity's existing work force in the state.
4183 (9) "Tax credit" means an economic development tax credit created by Section
4184 59-7-614.2 or 59-10-1107.
4185 (10) "Tax credit amount" means the amount the office lists as a tax credit on a tax
4186 credit certificate for a taxable year.
4187 (11) "Tax credit certificate" means a certificate issued by the office that:
4188 (a) lists the name of the business entity, local government entity, or community
4189 development and renewal agency to which the office authorizes a tax credit;
4190 (b) lists the business entity's, local government entity's, or community development and
4191 renewal agency's taxpayer identification number;
4192 (c) lists the amount of tax credit that the office authorizes the business entity, local
4193 government entity, or community development and renewal agency for the taxable year; and
4194 (d) may include other information as determined by the office.
4195 Section 92. Section 63N-2-104 is amended to read:
4196 63N-2-104. Creation of economic development zones -- Tax credits -- Assignment
4197 of tax credit.
4198 (1) The office[
4199 zone in the state if the following requirements are satisfied:
4200 (a) the area is zoned commercial, industrial, manufacturing, business park, research
4201 park, or other appropriate business related use in a community-approved master plan that
4202 contemplates future growth;
4203 (b) the request to create a development zone has first been approved by an appropriate
4204 local government entity; and
4205 (c) local incentives have been or will be committed to be provided within the area in
4206 accordance with the community's approved incentive policy and application process.
4207 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4208 the office shall make rules establishing the requirements for a business entity or local
4209 government entity to qualify for a tax credit for a new commercial project in a development
4210 zone under this part.
4211 (b) The office shall ensure that the requirements described in Subsection (2)(a) include
4212 the following:
4213 (i) the new commercial project is within the development zone;
4214 (ii) the new commercial project includes direct investment within the geographic
4215 boundaries of the development zone;
4216 (iii) the new commercial project brings new incremental jobs to Utah;
4217 (iv) the new commercial project includes the creation of high paying jobs in the state,
4218 significant capital investment in the state, or significant purchases from vendors, contractors, or
4219 service providers in the state, or a combination of these three economic factors;
4220 (v) the new commercial project generates new state revenues; [
4221 (vi) a business entity, a local government entity, or a community reinvestment agency
4222 to which a local government entity assigns a tax credit under this section meets the
4223 requirements of Section 63N-2-105[
4224 (vii) unless otherwise advisable in light of economic circumstances, the new
4225 commercial project relates to the industry clusters identified by the commission under Section
4226 63N-1a-202.
4227 (3) (a) The office, after consultation with the [
4228 written agreement with a business entity or local government entity authorizing a tax credit to
4229 the business entity or local government entity if the business entity or local government entity
4230 meets the requirements described in this section.
4231 (b) (i) With respect to a new commercial project, the office may authorize a tax credit
4232 to a business entity or a local government entity, but not both.
4233 (ii) In determining whether to authorize a tax credit with respect to a new commercial
4234 project to a business entity or a local government entity, the office shall authorize the tax credit
4235 in a manner that the office determines will result in providing the most effective incentive for
4236 the new commercial project.
4237 [
4238 (c) The office may not authorize or commit to authorize a tax credit that exceeds:
4239 [
4240 year; or
4241 [
4242 lesser of the life of a new commercial project or 20 years.
4243 [
4244
4245 [
4246
4247
4248 [
4249
4250 [
4251
4252
4253
4254 (d) (i) A local government entity may by resolution assign a tax credit authorized by
4255 the office to a community reinvestment agency.
4256 (ii) The local government entity shall provide a copy of the resolution described in
4257 Subsection (3)(d)(i) to the office.
4258 (iii) If a local government entity assigns a tax credit to a community reinvestment
4259 agency, the written agreement described in Subsection (3)(a) shall:
4260 (A) be between the office, the local government entity, and the community
4261 reinvestment agency;
4262 (B) establish the obligations of the local government entity and the community
4263 reinvestment agency; and
4264 (C) establish the extent to which any of the local government entity's obligations are
4265 transferred to the community reinvestment agency.
4266 (iv) If a local government entity assigns a tax credit to a community reinvestment
4267 agency:
4268 (A) the community reinvestment agency shall retain records as described in Subsection
4269 (4)(d); and
4270 (B) a tax credit certificate issued in accordance with Section 63N-2-105 shall list the
4271 community reinvestment agency as the named applicant.
4272 (4) The office shall ensure that the written agreement described in Subsection (3):
4273 (a) specifies the requirements that the business entity or local government entity shall
4274 meet to qualify for a tax credit under this part;
4275 (b) specifies the maximum amount of tax credit that the business entity or local
4276 government entity may be authorized for a taxable year and over the life of the new commercial
4277 project;
4278 (c) establishes the length of time the business entity or local government entity may
4279 claim a tax credit;
4280 (d) requires the business entity or local government entity to retain records supporting a
4281 claim for a tax credit for at least four years after the business entity or local government entity
4282 claims a tax credit under this part; and
4283 (e) requires the business entity or local government entity to submit to audits for
4284 verification of the tax credit claimed.
4285 (5) The office may attribute an incremental job or a high paying job to a new
4286 commercial project regardless of whether the job is performed in person, within the
4287 development zone or remotely from elsewhere in the state.
4288 Section 93. Section 63N-2-105 is amended to read:
4289 63N-2-105. Qualifications for tax credit -- Procedure.
4290 (1) The office shall certify a business entity's or local government entity's eligibility for
4291 a tax credit as provided in this part.
4292 (2) A business entity or local government entity seeking to receive a tax credit as
4293 provided in this part shall provide the office with:
4294 (a) an application for a tax credit certificate, including a certification, by an officer of
4295 the business entity, of any signature on the application;
4296 (b) (i) for a business entity, documentation of the new state revenues from the business
4297 entity's new commercial project that were paid during [
4298 (ii) for a local government entity, documentation of the new state revenues from the
4299 new commercial project within the area of the local government entity that were paid during
4300 [
4301 (c) known or expected detriments to the state or existing businesses in the state;
4302 (d) if a local government entity seeks to assign the tax credit to a community
4303 reinvestment agency as described in Section 63N-2-104, a statement providing the name and
4304 taxpayer identification number of the community reinvestment agency to which the local
4305 government entity seeks to assign the tax credit;
4306 [
4307
4308
4309
4310 (e) (i) with respect to a business entity that seeks to claim a tax credit:
4311 (A) a document that expressly directs and authorizes the State Tax Commission to
4312 disclose to the office the business entity's returns and other information that would otherwise
4313 be subject to confidentiality under Section 59-1-403 or Section 6103, Internal Revenue Code;
4314 and
4315 (B) a document that expressly directs and authorizes the Department of Workforce
4316 Services to disclose to the office the business entity's unemployment insurance contribution
4317 reports that would otherwise be subject to confidentiality under Section 35A-4-312;
4318 (ii) with respect to a local government entity that seeks to claim the tax credit:
4319 (A) a document that expressly directs and authorizes the State Tax Commission to
4320 disclose to the office the local government entity's returns and other information that would
4321 otherwise be subject to confidentiality under Section 59-1-403 or Section 6103, Internal
4322 Revenue Code; and
4323 (B) if the new state revenues collected as a result of a new commercial project are
4324 attributable in whole or in part to a new or expanded industrial, manufacturing, distribution, or
4325 business service within a new commercial project within the area of the local government
4326 entity, a document signed by an authorized representative of the new or expanded industrial,
4327 manufacturing, distribution, or business service that:
4328 (I) expressly directs and authorizes the State Tax Commission to disclose to the office
4329 the returns of the new or expanded industrial, manufacturing, distribution, or business service
4330 and other information that would otherwise be subject to confidentiality under Section
4331 59-1-403 or Section 6103, Internal Revenue Code; and
4332 (II) lists the taxpayer identification number of the new or expanded industrial,
4333 manufacturing, distribution, or business service; or
4334 (iii) with respect to a local government entity that seeks to assign the tax credit to a
4335 community reinvestment agency:
4336 (A) a document signed by the members of the governing body of the community
4337 reinvestment agency that expressly directs and authorizes the State Tax Commission to
4338 disclose to the office the returns of the community reinvestment agency and other information
4339 that would otherwise be subject to confidentiality under Section 59-1-403 or Section 6103,
4340 Internal Revenue Code; and
4341 (B) if the new state revenues collected as a result of a new commercial project are
4342 attributable in whole or in part to a new or expanded industrial, manufacturing, distribution, or
4343 business service within a new commercial project within the community reinvestment agency,
4344 a document signed by an authorized representative of the new or expanded industrial,
4345 manufacturing, distribution, or business service that:
4346 (I) expressly directs and authorizes the State Tax Commission to disclose to the office
4347 the returns of the new or expanded industrial, manufacturing, distribution, or business service
4348 and other information that would otherwise be subject to confidentiality under Section
4349 59-1-403 or Section 6103, Internal Revenue Code; and
4350 (II) lists the taxpayer identification number of the new or expanded industrial,
4351 manufacturing, distribution, or business service; and
4352 (f) for a business entity only, documentation that the business entity has satisfied the
4353 performance benchmarks outlined in the written agreement described in Subsection
4354 63N-2-104(3)(a), [
4355 Chapter 3, Utah Administrative Rulemaking Act, including the creation of new:
4356 [
4357 [
4358 [
4359 [
4360 (i) incremental jobs;
4361 (ii) high paying jobs; and
4362 (iii) state revenue.
4363 (3) (a) The office shall submit the documents described in Subsection (2)(e) to the
4364 State Tax Commission.
4365 (b) Upon receipt of a document described in Subsection (2)(e), the State Tax
4366 Commission shall provide the office with the returns and other information requested by the
4367 office that the State Tax Commission is directed or authorized to provide to the office in
4368 accordance with Subsection (2)(e).
4369 (4) If, with respect to an agreement described in Subsection 63N-2-104(3)(a) between
4370 the office and a business entity, the office identifies one of the following events, the office and
4371 the business entity shall amend or the office may terminate the agreement:
4372 (a) a change in the business entity's organization resulting from a merger with or
4373 acquisition of another entity located in the state;
4374 (b) a material increase in the business entity's retail operations that results in new state
4375 revenue not subject to the incentive; or
4376 (c) an increase in the business entity's operations that:
4377 (i) is outside the scope of the agreement or outside the boundaries of a development
4378 zone; and
4379 (ii) results in new state revenue not subject to the incentive.
4380 [
4381 Commission, or after review of the ongoing performance of the business entity or local
4382 government entity, the office determines that the returns and other information are inadequate
4383 to provide a reasonable justification for authorizing or continuing a tax credit, the office shall:
4384 (a) (i) deny the tax credit; or
4385 (ii) terminate the agreement described in Subsection 63N-2-104(3)(a) for failure to
4386 meet the performance standards established in the agreement; or
4387 (b) inform the business entity or local government entity that the returns or other
4388 information were inadequate and ask the business entity or local government entity to submit
4389 new documentation.
4390 [
4391 Commission, the office determines that the returns and other information provided by the
4392 business entity or local government entity provide reasonable justification for authorizing a tax
4393 credit, the office shall, based upon the returns and other information:
4394 (a) determine the amount of the tax credit to be granted to the business entity, local
4395 government entity, or if the local government entity assigns the tax credit as described in
4396 Section 63N-2-104, to the community reinvestment agency to which the local government
4397 entity assigns the tax credit;
4398 (b) issue a tax credit certificate to the business entity, local government entity, or if the
4399 local government entity assigns the tax credit as described in Section 63N-2-104, to the
4400 community reinvestment agency to which the local government entity assigns the tax credit;
4401 and
4402 (c) provide a [
4403 Commission.
4404 (7) (a) For purposes of determining the amount of a business entity's tax credit in
4405 accordance with this section, the office may establish by rule made in accordance with Title
4406 63G, Chapter 3, Utah Administrative Rulemaking Act, a process by which the office closely
4407 approximates the amount of taxes the business entity paid under Title 59, Chapter 12, Sales and
4408 Use Tax Act, for a capital project.
4409 (b) The office may apply a process described in Subsection (7)(a) to a business entity
4410 only with respect to a new agreement described in Subsection 63N-2-104(3)(a) that takes effect
4411 on or after January 1, 2022.
4412 [
4413 may not claim a tax credit unless the business entity, local government entity, or community
4414 reinvestment agency has a tax credit certificate issued by the office.
4415 [
4416 agency may claim a tax credit in the amount listed on the tax credit certificate on its tax return.
4417 (b) A business entity, local government entity, or community reinvestment agency that
4418 claims a tax credit under this section shall retain the tax credit certificate in accordance with
4419 Section 59-7-614.2 or 59-10-1107.
4420 Section 94. Section 63N-2-106 is amended to read:
4421 63N-2-106. Reports -- Posting monthly and annual reports -- Audit and study of
4422 tax credits.
4423 (1) The office shall include the following information in the annual written report
4424 described in Section [
4425 (a) the office's success in attracting new commercial projects to development zones
4426 under this part and the corresponding increase in new incremental jobs;
4427 (b) how many new incremental jobs and high paying jobs are employees of a company
4428 that received tax credits under this part, including the number of employees who work for a
4429 third-party rather than directly for a company, receiving the tax credits under this part;
4430 (c) the estimated amount of tax credit commitments made by the office and the period
4431 of time over which tax credits will be paid;
4432 (d) the economic impact on the state from new state revenues and the provision of tax
4433 credits under this part;
4434 (e) the estimated costs and economic benefits of the tax credit commitments made by
4435 the office;
4436 (f) the actual costs and economic benefits of the tax credit commitments made by the
4437 office; and
4438 (g) tax credit commitments made by the office, with the associated calculation.
4439 (2) Each month, the office shall post on its website and on a state website:
4440 (a) the new tax credit commitments made by the office during the previous month; and
4441 (b) the estimated costs and economic benefits of those tax credit commitments.
4442 (3) (a) On or before November 1, 2014, and every three years after November 1, 2014,
4443 the office shall:
4444 (i) conduct an audit of the tax credits allowed under Section 63N-2-105;
4445 (ii) study the tax credits allowed under Section 63N-2-105; and
4446 (iii) make recommendations concerning whether the tax credits should be continued,
4447 modified, or repealed.
4448 (b) The audit shall include an evaluation of:
4449 (i) the cost of the tax credits;
4450 (ii) the purposes and effectiveness of the tax credits;
4451 (iii) the extent to which the state benefits from the tax credits; and
4452 (iv) the state's return on investment under this part measured by new state revenues,
4453 compared with the costs of tax credits provided and GOED's expenses in administering this
4454 part.
4455 (c) The office shall provide the results of the audit described in this Subsection (3):
4456 (i) in the written annual report described in Subsection (1); and
4457 (ii) as part of the reviews described in Sections 59-7-159 and 59-10-137.
4458 Section 95. Section 63N-2-107 is amended to read:
4459 63N-2-107. Reports of new state revenues, partial rebates, and tax credits.
4460 (1) Before October 1 of each year, the office shall submit a report to the Governor's
4461 Office of Management and Budget, the Office of Legislative Fiscal Analyst, and the Division
4462 of Finance identifying:
4463 (a) (i) the total estimated amount of new state revenues created from new commercial
4464 projects in development zones;
4465 (ii) the estimated amount of new state revenues from new commercial projects in
4466 development zones that will be generated from:
4467 (A) sales tax;
4468 (B) income tax; and
4469 (C) corporate franchise and income tax; and
4470 (iii) the minimum number of new incremental jobs and high paying jobs that will be
4471 created before any tax credit is awarded; and
4472 (b) the total estimated amount of tax credits that the office projects that business
4473 entities, local government entities, or community reinvestment agencies will qualify to claim
4474 under this part.
4475 (2) By the first business day of each month, the office shall submit a report to the
4476 Governor's Office of Management and Budget, the Office of Legislative Fiscal Analyst, and the
4477 Division of Finance identifying:
4478 (a) each new agreement entered into by the office since the last report;
4479 (b) the estimated amount of new state revenues that will be generated under each
4480 agreement;
4481 (c) the estimated maximum amount of tax credits that a business entity, local
4482 government entity, or community reinvestment agency could qualify for under each agreement;
4483 and
4484 (d) the minimum number of new incremental jobs and high paying jobs that will be
4485 created before any tax credit is awarded.
4486 (3) At the reasonable request of the Governor's Office of Management and Budget, the
4487 Office of Legislative Fiscal Analyst, or the Division of Finance, the office shall provide
4488 additional information about the tax credit, new incremental jobs and high paying jobs, costs,
4489 and economic benefits related to this part, if the information is part of a public record as
4490 defined in Section 63G-2-103.
4491 (4) By June 30, the office shall submit to the Economic Development and Workforce
4492 Services Interim Committee, the Business, Economic Development, and Labor Appropriations
4493 Subcommittee, and the governor, a written report that provides an overview of the
4494 implementation and efficacy of the statewide economic development strategy, including an
4495 analysis of the extent to which the office's programs are aligned with the prevailing economic
4496 conditions expected in the next fiscal year.
4497 Section 96. Section 63N-2-203 is amended to read:
4498 63N-2-203. Powers of the office.
4499 The office shall:
4500 (1) monitor the implementation and operation of this part and conduct a continuing
4501 evaluation of the progress made in the enterprise zones;
4502 (2) evaluate an application for designation as an enterprise zone from a county
4503 applicant or a municipal applicant and determine if the applicant qualifies for that designation;
4504 (3) provide technical assistance to county applicants and municipal applicants in
4505 developing applications for designation as enterprise zones;
4506 (4) assist county applicants and municipal applicants designated as enterprise zones in
4507 obtaining assistance from the federal government and agencies of the state;
4508 (5) assist a qualified business entity in obtaining the benefits of an incentive or
4509 inducement program authorized by this part; and
4510 (6) as part of the annual written report described in Section [
4511 prepare an annual evaluation that provides:
4512 (a) based on data from the State Tax Commission, the total amount of tax credits
4513 claimed under this part;
4514 (b) the total amount awarded in tax credits for each development zone;
4515 (c) the number of new full-time employee positions reported to obtain tax credits in
4516 each development zone;
4517 (d) the amount of tax credits awarded for rehabilitating a building in each development
4518 zone;
4519 (e) the amount of tax credits awarded for investing in a plant, equipment, or other
4520 depreciable property in each development zone; and
4521 (f) recommendations regarding the effectiveness of the program and any suggestions
4522 for legislation.
4523 Section 97. Section 63N-2-213 is amended to read:
4524 63N-2-213. State tax credits.
4525 (1) The office shall certify a business entity's eligibility for a tax credit described in this
4526 section.
4527 (2) A business entity seeking to receive a tax credit as provided in this section shall
4528 provide the office with:
4529 (a) an application for a tax credit certificate in a form approved by the office, including
4530 a certification, by an officer of the business entity, of a signature on the application; and
4531 (b) documentation that demonstrates the business entity has met the requirements to
4532 receive the tax credit.
4533 (3) If, after review of an application and documentation provided by a business entity
4534 as described in Subsection (2), the office determines that the application and documentation are
4535 inadequate to provide a reasonable justification for authorizing the tax credit, the office shall:
4536 (a) deny the tax credit; or
4537 (b) inform the business entity that the application or documentation was inadequate
4538 and ask the business entity to submit additional documentation.
4539 (4) If, after review of an application and documentation provided by a business entity
4540 as described in Subsection (2), the office determines that the application and documentation
4541 provide reasonable justification for authorizing a tax credit, the office shall:
4542 (a) determine the amount of the tax credit to be granted to the business entity;
4543 (b) issue a tax credit certificate to the business entity; and
4544 (c) provide a [
4545 Commission.
4546 (5) A business entity may not claim a tax credit under this section unless the business
4547 entity has a tax credit certificate issued by the office.
4548 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4549 office shall make rules describing:
4550 (a) the form and content of an application for a tax credit under this section;
4551 (b) the documentation requirements for a business entity to receive a tax credit
4552 certificate under this section; and
4553 (c) administration of the program, including relevant timelines and deadlines.
4554 (7) Subject to the limitations of Subsections (8) through (10), and if the requirements
4555 of this part are met, the following nonrefundable tax credits against a tax under Title 59,
4556 Chapter 7, Corporate Franchise and Income Taxes, or Title 59, Chapter 10, Individual Income
4557 Tax Act, are applicable in an enterprise zone:
4558 (a) a tax credit of $750 may be claimed by a business entity for each new full-time
4559 employee position created within the enterprise zone;
4560 (b) an additional $500 tax credit may be claimed if the new full-time employee position
4561 created within the enterprise zone pays at least 125% of:
4562 (i) the county average monthly nonagricultural payroll wage for the respective industry
4563 as determined by the Department of Workforce Services; or
4564 (ii) if the county average monthly nonagricultural payroll wage is not available for the
4565 respective industry, the total average monthly nonagricultural payroll wage in the respective
4566 county where the enterprise zone is located;
4567 (c) an additional tax credit of $750 may be claimed if the new full-time employee
4568 position created within the enterprise zone is in a business entity that adds value to agricultural
4569 commodities through manufacturing or processing;
4570 (d) an additional tax credit of $200 may be claimed for each new full-time employee
4571 position created within the enterprise zone that is filled by an employee who is insured under
4572 an employer-sponsored health insurance program if the employer pays at least 50% of the
4573 premium cost for the year for which the credit is claimed;
4574 (e) a tax credit of 25% of the first $200,000 spent on rehabilitating a building in the
4575 enterprise zone that has been vacant for two years or more, including that the building has had
4576 or contained no occupants, tenants, furniture, or personal property for two years or more, in the
4577 time period immediately before the rehabilitation; and
4578 (f) an annual investment tax credit may be claimed in an amount equal to 5% of the first
4579 $750,000 qualifying investment in plant, equipment, or other depreciable property.
4580 (8) (a) Subject to the limitations of Subsection (8)(b), a business entity claiming a tax
4581 credit under Subsections (7)(a) through (d) may claim the tax credit for no more than 30
4582 full-time employee positions in a taxable year.
4583 (b) A business entity that received a tax credit for one or more new full-time employee
4584 positions under Subsections (7)(a) through (d) in a prior taxable year may claim a tax credit for
4585 a new full-time employee position in a subsequent taxable year under Subsections (7)(a)
4586 through (d) if:
4587 (i) the business entity has created a new full-time position within the enterprise zone;
4588 and
4589 (ii) the total number of employee positions at the business entity at any point during the
4590 tax year for which the tax credit is being claimed is greater than the highest number of
4591 employee positions that existed at the business entity in the previous taxable year.
4592 (c) Construction jobs are not eligible for the tax credits under Subsections (7)(a)
4593 through (d).
4594 (9) If the amount of a tax credit under this section exceeds a business entity's tax
4595 liability under this chapter for a taxable year, the business entity may carry forward the amount
4596 of the tax credit exceeding the liability for a period that does not exceed the next three taxable
4597 years.
4598 (10) Tax credits under Subsections (7)(a) through (f) may not be claimed by a business
4599 entity primarily engaged in retail trade, residential rental property, or by a public utilities
4600 business.
4601 (11) A business entity that has no employees:
4602 (a) may not claim tax credits under Subsections (7)(a) through (d); and
4603 (b) may claim tax credits under Subsections (7)(e) through (f).
4604 (12) (a) A business entity may not claim or carry forward a tax credit available under
4605 this part for a taxable year during which the business entity has claimed the targeted business
4606 income tax credit available under Section 63N-2-304.
4607 (b) A business entity may not claim or carry forward a tax credit available under this
4608 section for a taxable year during which the business entity claims or carries forward a tax credit
4609 available under Section 59-7-610 or 59-10-1007.
4610 (13) (a) On or before November 30, 2018, and every three years after 2018, the
4611 Revenue and Taxation Interim Committee shall review the tax credits provided by this section
4612 and make recommendations concerning whether the tax credits should be continued, modified,
4613 or repealed.
4614 (b) In conducting the review required by Subsection (13)(a), the Revenue and Taxation
4615 Interim Committee shall:
4616 (i) schedule time on at least one committee agenda to conduct the review;
4617 (ii) invite state agencies, individuals, and organizations concerned with the credits
4618 under review to provide testimony;
4619 (iii) ensure that the recommendations described in this section include an evaluation of:
4620 (A) the cost of the tax credits to the state;
4621 (B) the purpose and effectiveness of the tax credits; and
4622 (C) the extent to which the state benefits from the tax credits; and
4623 (iv) undertake other review efforts as determined by the chairs of the Revenue and
4624 Taxation Interim Committee.
4625 Section 98. Section 63N-2-303 is amended to read:
4626 63N-2-303. Duties of the office.
4627 The office shall:
4628 (1) monitor the implementation and operation of this part and conduct a continuing
4629 evaluation of the effectiveness of the targeted business income tax credit in bringing significant
4630 new employment and significant new capital development to rural communities;
4631 (2) determine a business entity's eligibility for a targeted business income tax credit
4632 award;
4633 (3) ensure that tax credits are only awarded under this part to a business applicant that
4634 has satisfied performance benchmarks as determined by the office;
4635 (4) ensure that the amount of targeted business income tax credit awarded to a business
4636 applicant through a targeted business income tax credit eligibility certificate is no more than
4637 $100,000 for the business applicant's taxable year;
4638 (5) ensure that the aggregate amount of targeted business income tax credits awarded to
4639 business applicants through targeted business income tax credit eligibility certificates is no
4640 more than $300,000 for each fiscal year;
4641 (6) as part of the annual written report described in Section [
4642 prepare an annual evaluation that provides:
4643 (a) the identity of each business applicant that was provided a targeted business income
4644 tax credit eligibility certificate by the office during the year of the annual report; and
4645 (b) the total amount awarded in targeted business income tax credit for each
4646 development zone; and
4647 (7) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
4648 in accordance with the provisions of this part, make rules regarding:
4649 (a) the determination of what constitutes:
4650 (i) significant new employment;
4651 (ii) significant new capital development; and
4652 (iii) a community investment project;
4653 (b) the form and content of an application for a targeted business income tax credit
4654 eligibility certificate under this part;
4655 (c) documentation or other requirements for a business applicant to receive a targeted
4656 business income tax credit eligibility certificate under this part; and
4657 (d) administration of targeted business income tax credit awards and the issuing of
4658 targeted business income tax credit eligibility certificates, including relevant timelines and
4659 deadlines.
4660 Section 99. Section 63N-2-503 is amended to read:
4661 63N-2-503. Agreement for development of new convention hotel -- Convention
4662 incentive authorized -- Agreement requirements.
4663 (1) The office, with the board's advice, may enter into an agreement with a qualified
4664 hotel owner or a host local government:
4665 (a) for the development of a qualified hotel; and
4666 (b) to authorize a convention incentive:
4667 (i) to the qualified hotel owner or host local government, but not both;
4668 (ii) for a period not to exceed the eligibility period;
4669 (iii) in the amount of new tax revenue, subject to Subsection (2) and notwithstanding
4670 any other restriction provided by law;
4671 (iv) if:
4672 (A) the county in which the qualified hotel is proposed to be located has issued an
4673 endorsement letter endorsing the qualified hotel owner; and
4674 (B) all applicable requirements of this part and the agreement are met; and
4675 (v) that is reduced by $1,900,000 per year during the first two years of the eligibility
4676 period, as described in Subsection (2)(c).
4677 (2) An agreement under Subsection (1) shall:
4678 (a) specify the requirements for the qualified hotel owner or host local government to
4679 qualify for a convention incentive;
4680 (b) require compliance with the terms of the endorsement letter issued by the county in
4681 which the qualified hotel is proposed to be located;
4682 (c) require the amount of certified claims for the first two years of the eligibility period
4683 to be reduced by $1,900,000 per year;
4684 (d) with respect to the state portion of the convention incentive:
4685 (i) specify the maximum dollar amount that the qualified hotel owner or host local
4686 government may receive, subject to a maximum of:
4687 (A) for any calendar year, the amount of the state portion in that calendar year; and
4688 (B) $75,000,000 in the aggregate for the qualified hotel owner or host local
4689 government during an eligibility period, calculated as though the two $1,900,000 reductions of
4690 the [
4691 (ii) specify the maximum percentage of the state portion that may be used in
4692 calculating the portion of the convention incentive that the qualified hotel owner or host local
4693 government may receive during the eligibility period for each calendar year and in the
4694 aggregate;
4695 (e) establish a shorter period of time than the period described in Subsection
4696 63N-2-502(10)(a) during which the qualified hotel owner or host local government may claim
4697 the convention incentive or that the host agency may be paid incremental property tax revenue,
4698 if the office and qualified hotel owner or host local government agree to a shorter period of
4699 time;
4700 (f) require the qualified hotel owner to retain books and records supporting a claim for
4701 the convention incentive as required by Section 59-1-1406;
4702 (g) allow the transfer of the agreement to a third party if the third party assumes all
4703 liabilities and responsibilities in the agreement;
4704 (h) limit the expenditure of funds received under the convention incentive as provided
4705 in Section 63N-2-512; and
4706 (i) require the qualified hotel owner or host local government to submit to any audit
4707 and to provide any audit level [
4708 appropriate for verification of any claim.
4709 (3) Notwithstanding any other provision of law, a county or city in which a qualified
4710 hotel is located may contribute property to the qualified hotel owner or host local government
4711 without consideration, to be used as provided in Subsection 63N-2-508(3)(a).
4712 Section 100. Section 63N-2-504 is amended to read:
4713 63N-2-504. Independent review committee.
4714 (1) In accordance with rules adopted by the office under Section 63N-2-509, the
4715 [
4716 recommendations to the office regarding the terms and conditions of an agreement and to
4717 consult with the office as provided in this part or in rule.
4718 (2) The review committee shall consist of:
4719 (a) one member appointed by the executive director to represent the office;
4720 (b) two members appointed by the mayor or chief executive of the county in which the
4721 qualified hotel is located or proposed to be located;
4722 (c) two members appointed by:
4723 (i) the mayor of the municipality in which the qualified hotel is located or proposed to
4724 be located, if the qualified hotel is located or proposed to be located within the boundary of a
4725 municipality; or
4726 (ii) the mayor or chief executive of the county in which the qualified hotel is located or
4727 proposed to be located, in addition to the two members appointed under Subsection (2)(b), if
4728 the qualified hotel is located or proposed to be located outside the boundary of a municipality;
4729 (d) an individual representing the hotel industry, appointed by the Utah Hotel and
4730 Lodging Association;
4731 (e) an individual representing the commercial development and construction industry,
4732 appointed by the president or chief executive officer of the local chamber of commerce;
4733 (f) an individual representing the convention and meeting planners industry, appointed
4734 by the president or chief executive officer of the local convention and visitors bureau; and
4735 (g) one member appointed by the [
4736 (3) (a) A member serves an indeterminate term and may be removed from the review
4737 committee by the appointing authority at any time.
4738 (b) A vacancy may be filled in the same manner as an appointment under Subsection
4739 (2).
4740 (4) A member of the review committee may not be paid for serving on the review
4741 committee and may not receive per diem or expense reimbursement.
4742 (5) The office shall provide any necessary staff support to the review committee.
4743 Section 101. Section 63N-2-510 is amended to read:
4744 63N-2-510. Report by office -- Posting of report.
4745 (1) The office shall include the following information in the office's annual written
4746 report described in Section [
4747 (a) the state's success in attracting new conventions and corresponding new state
4748 revenue;
4749 (b) the estimated amount of convention incentive commitments and the associated
4750 calculation made by the office and the period of time over which convention incentives are
4751 expected to be paid;
4752 (c) the economic impact on the state related to generating new state revenue and
4753 providing convention incentives; and
4754 (d) the estimated and actual costs and economic benefits of the convention incentive
4755 commitments that the office made.
4756 (2) Upon the commencement of the construction of a qualified hotel, the office shall
4757 send a written notice to the Division of Finance:
4758 (a) referring to the two annual deposits required under Subsection 59-12-103(11); and
4759 (b) notifying the Division of Finance that construction on the qualified hotel has begun.
4760 Section 102. Section 63N-2-512 is amended to read:
4761 63N-2-512. Hotel Impact Mitigation Fund.
4762 (1) As used in this section:
4763 (a) "Affected hotel" means a hotel built in the state before July 1, 2014.
4764 (b) "Direct losses" means affected hotels' losses of hotel guest business attributable to
4765 the qualified hotel room supply being added to the market in the state.
4766 (c) "Mitigation fund" means the Hotel Impact Mitigation Fund, created in Subsection
4767 (2).
4768 (2) There is created an expendable special revenue fund known as the Hotel Impact
4769 Mitigation Fund.
4770 (3) The mitigation fund shall:
4771 (a) be administered by the [
4772 (b) earn interest; and
4773 (c) be funded by:
4774 (i) payments required to be deposited into the mitigation fund by the Division of
4775 Finance under Subsection 59-12-103(11);
4776 (ii) money required to be deposited into the mitigation fund under Subsection
4777 17-31-9(2) by the county in which a qualified hotel is located; and
4778 (iii) any money deposited into the mitigation fund under Subsection (6).
4779 (4) Interest earned by the mitigation fund shall be deposited into the mitigation fund.
4780 (5) (a) In accordance with office rules, the [
4781 up to $2,100,000 of money in the mitigation fund:
4782 (i) to affected hotels;
4783 (ii) for four consecutive years, beginning 12 months after the date of initial occupancy
4784 of the qualified hotel occurs; and
4785 (iii) to mitigate direct losses.
4786 (b) (i) If the amount the [
4787 year is less than $2,100,000, the [
4788 Bounce Back Fund, created in Section 63N-2-511, the difference between $2,100,000 and the
4789 amount paid under Subsection (5)(a).
4790 (ii) The [
4791 (5)(b)(i) within 90 days after the end of the year for which a determination is made of how
4792 much the [
4793 (6) A host local government or qualified hotel owner may make payments to the
4794 Division of Finance for deposit into the mitigation fund.
4795 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4796 office shall, in consultation with the Utah Hotel and Lodging Association and the county in
4797 which the qualified hotel is located, make rules establishing procedures and criteria governing
4798 payments under Subsection (5)(a) to affected hotels.
4799 Section 103. Section 63N-2-808 is amended to read:
4800 63N-2-808. Agreements between office and tax credit applicant and life science
4801 establishment -- Tax credit certificate.
4802 (1) (a) The office, with advice from the [
4803 agreement to grant a tax credit certificate to a tax credit applicant selected in accordance with
4804 this part, if the tax credit applicant meets the conditions established in the agreement and under
4805 this part.
4806 (b) The agreement described in Subsection (1)(a) shall:
4807 (i) detail the requirements that the tax credit applicant shall meet prior to receiving a
4808 tax credit certificate;
4809 (ii) require the tax credit certificate recipient to retain records supporting a claim for a
4810 tax credit for at least four years after the tax credit certificate recipient claims a tax credit under
4811 this part; and
4812 (iii) require the tax credit certificate recipient to submit to audits for verification of the
4813 tax credit claimed, including audits by the office and by the State Tax Commission.
4814 (2) (a) The office, with advice from the [
4815 agreement with the life science establishment in which the tax credit applicant invested for
4816 purposes of claiming a tax credit.
4817 (b) The agreement described in Subsection (2)(a):
4818 (i) shall provide the office with a document that expressly and directly authorizes the
4819 State Tax Commission to disclose to the office the life science establishment's tax returns and
4820 other information that would otherwise be subject to confidentiality under Section 59-1-403 or
4821 Section 6103, Internal Revenue Code;
4822 (ii) shall authorize the Department of Workforce Services to disclose to the office the
4823 employment data that the life science establishment submits to the Department of Workforce
4824 Services;
4825 (iii) shall require the life science establishment to provide the office with the life
4826 science establishment's current capitalization tables; and
4827 (iv) may require the life science establishment to provide the office with other data
4828 that:
4829 (A) ensure compliance with the requirements of this chapter; and
4830 (B) demonstrate the economic impact of the tax credit applicant's investment in the life
4831 science establishment.
4832 Section 104. Section 63N-2-810 is amended to read:
4833 63N-2-810. Reports on tax credit certificates.
4834 The office shall include the following information in the annual written report described
4835 in Section [
4836 (1) the total amount listed on tax credit certificates the office issues under this part;
4837 (2) the criteria that the office uses in prioritizing the issuance of tax credits amongst tax
4838 credit applicants under this part; and
4839 (3) the economic impact on the state related to providing tax credits under this part.
4840 Section 105. Section 63N-3-102 is amended to read:
4841 63N-3-102. Definitions.
4842 As used in this part:
4843 (1) "Administrator" means the executive director or the executive director's designee.
4844 [
4845
4846
4847 [
4848
4849 [
4850 [
4851 [
4852 [
4853 [
4854 [
4855 circumstances, including the development of recreation infrastructure and the promotion of the
4856 high tech sector in the state, which lend themselves to the furtherance of the economic interests
4857 of the state by providing a catalyst or stimulus to the growth or retention, or both, of commerce
4858 and industry in the state, including retention of companies whose relocation outside the state
4859 would have a significant detrimental economic impact on the state as a whole, regions of the
4860 state, or specific components of the state as determined by the [
4861 [
4862
4863 [
4864
4865
4866 [
4867
4868 [
4869 Assistance Account created in Section 63N-3-103.
4870 [
4871 [
4872 (5) "Talent development grant" means a grant awarded under Section 63N-3-112.
4873 Section 106. Section 63N-3-103 is amended to read:
4874 63N-3-103. Industrial Assistance Account created -- Uses -- Administrator duties
4875 -- Costs.
4876 (1) There is created a restricted account within the General Fund known as the
4877 "Industrial Assistance Account" [
4878 [
4879
4880 [
4881
4882 (2) The administrator shall administer the restricted account [
4883
4884 (3) The administrator may hire appropriate support staff to perform the duties required
4885 under this section.
4886 (4) The cost of administering the restricted account shall be paid from money in the
4887 restricted account.
4888 (5) Interest accrued from investment of money in the restricted account shall remain in
4889 the restricted account.
4890 (6) The office shall review the activities and progress of grant recipients under this
4891 chapter on a regular basis and, as part of the office's annual written report described in Section
4892 [
4893 each grant.
4894 Section 107. Section 63N-3-105 is amended to read:
4895 63N-3-105. Qualification for assistance.
4896 (1) (a) Except as provided in [
4897 Section 63N-3-109, the administrator shall determine which industries, companies, and
4898 individuals qualify to receive money from the Industrial Assistance Account.
4899 (b) Except as provided by Subsection (2), to qualify for financial assistance from the
4900 restricted account, an applicant shall:
4901 [
4902 expend funds in [
4903 in an amount proportional with money provided from the restricted account at a minimum ratio
4904 of [
4905
4906
4907 [
4908 sustain economic activity in the state sufficient to repay, by means of cash or appropriate
4909 credits, the loan provided by the restricted account; and
4910 [
4911 (2) (a) The administrator may exempt an applicant from the requirements of Subsection
4912 (1)(a) or (b) if:
4913 [
4914
4915 [
4916 [
4917 6a, Utah Revised Nonprofit Corporation Act, or Title 63E, Chapter 2, Independent
4918 Corporations Act, and its operations, as demonstrated to the satisfaction of the administrator,
4919 will provide significant economic stimulus to the growth of commerce and industry in the state;
4920 or
4921 [
4922 63N-3-109.
4923 (b) The administrator may not exempt the applicant from the requirement under
4924 Subsection 63N-3-106(2)(b) that the loan be structured so that the repayment or return to the
4925 state equals at least the amount of the assistance together with an annual interest charge.
4926 (3) The administrator shall:
4927 (a) for applicants not described in Subsection (2)(a):
4928 (i) make findings as to whether or not each applicant has satisfied each of the
4929 conditions set forth in Subsection (1); and
4930 (ii) monitor the continued compliance by each applicant with each of the conditions set
4931 forth in Subsection (1) for five years;
4932 [
4933
4934
4935
4936 [
4937 or agreement entered into between the applicant and the state as provided in Section
4938 63N-3-107; and
4939 [
4940 Section 108. Section 63N-3-106 is amended to read:
4941 63N-3-106. Loans, grants, and assistance -- Repayment -- Earned credits.
4942 (1) (a) A company that qualifies under Section 63N-3-105 may receive loans, grants, or
4943 other financial assistance from the Industrial Assistance Account for expenses related to
4944 establishment, relocation, or development of industry in Utah.
4945 [
4946
4947
4948
4949 [
4950
4951 [
4952 [
4953 63N-3-109 may:
4954 (i) receive loans, grants, or other financial assistance from the restricted account for
4955 expenses related to the establishment, relocation, retention, or development of industry in the
4956 state; and
4957 (ii) include infrastructure or other economic development precursor activities that act
4958 as a catalyst and stimulus for economic activity likely to lead to the maintenance or
4959 enlargement of the state's tax base.
4960 [
4961
4962
4963
4964
4965 (2) (a) Subject to Subsection (2)(b), the administrator has authority to determine the
4966 structure, amount, and nature of any loan, grant, or other financial assistance from the restricted
4967 account.
4968 (b) Loans made under Subsection (2)(a) shall be structured so the intended repayment
4969 or return to the state, including cash or credit, equals at least the amount of the assistance
4970 together with an annual interest charge as negotiated by the administrator.
4971 (c) Payments resulting from grants awarded from the restricted account shall be made
4972 only after the administrator has determined that the company has satisfied the conditions upon
4973 which the payment or earned credit was based.
4974 (3) (a) (i) Except as provided in Subsection (3)(b), the administrator may provide for a
4975 system of earned credits that may be used to support grant payments or in lieu of cash
4976 repayment of a restricted account loan obligation.
4977 (ii) The value of the credits described in Subsection (3)(a)(i) shall be based on factors
4978 determined by the administrator, including:
4979 (A) the number of Utah jobs created;
4980 (B) the increased economic activity in Utah; or
4981 (C) other events and activities that occur as a result of the restricted account assistance.
4982 (b) (i) The administrator shall provide for a system of credits to be used to support
4983 grant payments or in lieu of cash repayment of a restricted account loan when loans are made to
4984 a company creating an economic impediment.
4985 (ii) The value of the credits described in Subsection (3)(b)(i) shall be based on factors
4986 determined by the administrator, including:
4987 (A) the number of Utah jobs created;
4988 (B) the increased economic activity in Utah; or
4989 (C) other events and activities that occur as a result of the restricted account assistance.
4990 (4) (a) A cash loan repayment or other cash recovery from a company receiving
4991 assistance under this section, including interest, shall be deposited into the restricted account.
4992 (b) The administrator and the Division of Finance shall determine the manner of
4993 recognizing and accounting for the earned credits used in lieu of loan repayments or to support
4994 grant payments as provided in Subsection (3).
4995 (5) (a) (i) At the end of each fiscal year, the Division of Finance shall set aside the
4996 balance of the General Fund revenue surplus as defined in Section 63J-1-312 after the transfers
4997 of General Fund revenue surplus described in Subsection (5)(b) to the Industrial Assistance
4998 Account in an amount equal to any credit that has accrued under this part.
4999 (ii) The set aside under Subsection (5)(a)(i) shall be capped at $50,000,000, at which
5000 time no subsequent contributions may be made and any interest accrued above the $50,000,000
5001 cap shall be deposited into the General Fund.
5002 (b) The set aside required by Subsection (5)(a) shall be made after the transfer of
5003 surplus General Fund revenue surplus is made:
5004 (i) to the Medicaid Growth Reduction and Budget Stabilization Restricted Account, as
5005 provided in Section 63J-1-315;
5006 (ii) to the General Fund Budget Reserve Account, as provided in Section 63J-1-312;
5007 and
5008 (iii) to the Wildland Fire Suppression Fund or State Disaster Recovery Restricted
5009 Account, as provided in Section 63J-1-314.
5010 (c) These credit amounts may not be used for purposes of the restricted account as
5011 provided in this part until appropriated by the Legislature.
5012 Section 109. Section 63N-3-109 is amended to read:
5013 63N-3-109. Financial assistance to entities offering economic opportunities.
5014 (1) Subject to the duties and powers of the [
5015 board under Section 63N-1b-202, the administrator may provide money from the Industrial
5016 Assistance Account to an entity offering an economic opportunity if that entity:
5017 (a) applies to the administrator in a form approved by the administrator; and
5018 (b) meets the qualifications of Subsection (2).
5019 (2) As part of an application for receiving money under this section, an applicant shall:
5020 (a) demonstrate to the satisfaction of the administrator the nature of the economic
5021 opportunity and the related benefit to the economic well-being of the state by providing
5022 evidence documenting the logical and compelling linkage, either direct or indirect, between the
5023 expenditure of money necessitated by the economic opportunity and the likelihood that the
5024 state's tax base, regions of the state's tax base, or specific components of the state's tax base
5025 will not be reduced but will be maintained or enlarged;
5026 (b) demonstrate how the funding request will act in concert with other state, federal, or
5027 local agencies to achieve the economic benefit;
5028 (c) demonstrate how the funding request will act in concert with free market principles;
5029 and
5030 (d) satisfy other criteria the administrator considers appropriate[
5031 [
5032 [
5033
5034
5035 [
5036
5037
5038
5039 [
5040 [
5041 [
5042 [
5043 [
5044 [
5045 [
5046 [
5047
5048
5049
5050 [
5051
5052 (3) [
5053 awarding any money under this section, the administrator shall:
5054 (a) make findings as to whether an applicant has satisfied [
5055
5056 (b) establish benchmarks and timeframes in which progress toward the completion of
5057 the agreed upon activity is to occur;
5058 (c) monitor compliance by an applicant with any contract or agreement entered into by
5059 the applicant and the state as provided by Section 63N-3-107; and
5060 (d) make funding decisions based upon appropriate findings and compliance[
5061 [
5062
5063
5064
5065
5066 [
5067
5068 [
5069 Section 110. Section 63N-3-111 is amended to read:
5070 63N-3-111. Annual policy considerations.
5071 (1) (a) The [
5072 of industries shall be targeted industries as defined in Section 63N-3-102.
5073 (b) The office shall make recommendations to state and federal agencies, local
5074 governments, the governor, and the Legislature regarding policies and initiatives that promote
5075 the economic development of targeted industries.
5076 (c) The office may create one or more voluntary advisory committees that may include
5077 public and private stakeholders to solicit input on policy guidance and best practices in
5078 encouraging the economic development of targeted industries.
5079 [
5080
5081
5082 [
5083 GO Utah board shall use an econometric cost-benefit model [
5084
5085 [
5086 (a) minimum interest rates to be applied to loans granted that reflect a fair social rate of
5087 return to the state comparable to prevailing market-based rates such as the prime rate, U.S.
5088 Government T-bill rate, or bond coupon rate as paid by the state, adjusted by social indicators
5089 such as the rate of unemployment; and
5090 (b) minimum applicant expense ratios, as long as they are at least equal to those
5091 required under Subsection 63N-3-105(1)[
5092 Section 111. Section 63N-3-112 is enacted to read:
5093 63N-3-112. Talent development grants.
5094 (1) A for-profit business that is creating new incremental high paying jobs in the state,
5095 may apply to receive a talent development grant from the restricted account.
5096 (2) In accordance with the provisions of this section and in consultation with the board,
5097 the administrator may award up to $10,000 per new job created.
5098 (3) The administrator shall designate an application process for a business to apply for
5099 the grant.
5100 (4) A business may apply to receive a grant only after each employee has been
5101 employed at qualifying wage levels for at least 12 consecutive months;
5102 (5) Money granted for a talent development grant under this section shall be deducted
5103 from any other money or incentive awarded by the office to the business.
5104 (6) Grants awarded under this section are only to reimburse a business for the costs
5105 incurred to recruit, hire, train, and otherwise employ an employee in a newly created job.
5106 (7) A business shall submit a hiring and training plan detailing what the grant money
5107 will be used for as part of the application process.
5108 (8) The administrator may only grant an award up to an amount that is no more than
5109 25% of the estimated costs to be incurred by the business for the costs in the hiring and training
5110 plan.
5111 Section 112. Section 63N-3-204 is amended to read:
5112 63N-3-204. Administration -- Grants and loans.
5113 (1) The office shall administer this part.
5114 (2) (a) (i) The office may award Technology Commercialization and Innovation
5115 Program grants or issue loans under this part to an applicant that is:
5116 (A) an institution of higher education;
5117 (B) a licensee; or
5118 (C) a small business.
5119 (ii) If loans are issued under Subsection (2)(a)(i), the Division of Finance may set up a
5120 fund or account as necessary for the proper accounting of the loans.
5121 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5122 office shall make rules for a process to determine whether an institution of higher education
5123 that receives a grant under this part must return the grant proceeds or a portion of the grant
5124 proceeds if the technology that is developed with the grant proceeds is licensed to a licensee
5125 that:
5126 (i) does not maintain a manufacturing or service location in the state from which the
5127 licensee or a sublicensee exploits the technology; or
5128 (ii) initially maintains a manufacturing or service location in the state from which the
5129 licensee or a sublicensee exploits the technology, but within five years after issuance of the
5130 license the licensee or sublicensee transfers the manufacturing or service location for the
5131 technology to a location out of the state.
5132 (c) A repayment by an institution of higher education of grant proceeds or a portion of
5133 the grant proceeds may only come from the proceeds of the license established between the
5134 licensee and the institution of higher education.
5135 (d) (i) An applicant that is a licensee or small business that receives a grant under this
5136 part shall return the grant proceeds or a portion of the grant proceeds to the office if the
5137 applicant:
5138 (A) does not maintain a manufacturing or service location in the state from which the
5139 applicant exploits the technology; or
5140 (B) initially maintains a manufacturing or service location in the state from which the
5141 applicant exploits the technology, but within five years after issuance of the grant, the applicant
5142 transfers the manufacturing or service location for the technology to an out-of-state location.
5143 (ii) A repayment by an applicant shall be prorated based on the number of full years the
5144 applicant operated in the state from the date of the awarded grant.
5145 (iii) A repayment by a licensee that receives a grant may only come from the proceeds
5146 of the license to that licensee.
5147 (3) (a) Funding allocations shall be made by the office with the advice of the [
5148 GO Utah board.
5149 (b) Each proposal shall receive the best available outside review.
5150 (4) (a) In considering each proposal, the office shall weigh technical merit, the level of
5151 matching funds from private and federal sources, and the potential for job creation and
5152 economic development.
5153 (b) Proposals or consortia that combine and coordinate related research at two or more
5154 institutions of higher education shall be encouraged.
5155 (5) The office shall review the activities and progress of grant recipients on a regular
5156 basis and, as part of the office's annual written report described in Section [
5157 63N-1a-306, report on the accomplishments and direction of the Technology
5158 Commercialization and Innovation Program.
5159 (6) (a) On or before August 1, 2018, the office shall provide a written analysis and
5160 recommendations concerning the usefulness of the Technology Commercialization and
5161 Innovation Program described in this part, including whether:
5162 (i) the program is beneficial to the state and should continue; and
5163 (ii) other office programs or programs in other agencies could provide similar benefits
5164 to the state more effectively or at a lower cost.
5165 (b) The written analysis and recommendations described in this Subsection (6) shall be
5166 provided to:
5167 (i) the Business, Economic Development, and Labor Appropriations Subcommittee;
5168 (ii) the Economic Development and Workforce Services Interim Committee;
5169 (iii) the Business and Labor Interim Committee; and
5170 (iv) the governor.
5171 Section 113. Section 63N-4-101 is amended to read:
5172
5173 63N-4-101. Title -- Definitions.
5174 (1) This chapter is known as the "Rural Development Act."
5175 [
5176 [
5177 [
5178 [
5179 (2) As used in this part, "program" means the Rural Development Program created in
5180 Section 63N-4-102.
5181 Section 114. Section 63N-4-102 is amended to read:
5182 63N-4-102. Rural Development Program -- Supervision by office.
5183 (1) There is created within the [
5184 the [
5185 (2) The [
5186 general supervision of the [
5187 Section 115. Section 63N-4-103 is amended to read:
5188 63N-4-103. Purpose of the Center for Rural Development.
5189 The [
5190 (1) foster and support economic development programs and activities for the benefit of
5191 rural counties and communities;
5192 (2) foster and support community, county, and resource management planning
5193 programs and activities for the benefit of rural counties and communities;
5194 (3) foster and support leadership training programs and activities for the benefit of:
5195 (a) rural leaders in both the public and private sectors;
5196 (b) economic development and planning personnel; and
5197 (c) rural government officials;
5198 (4) foster and support efforts to coordinate and focus the technical and other resources
5199 of appropriate institutions of higher education, local governments, private sector interests,
5200 associations, nonprofit organizations, federal agencies, and others, in ways that address the
5201 economic development, planning, and leadership challenges [
5202
5203 (5) work to enhance the capacity of GOED to address rural economic development,
5204 planning, and leadership training challenges and opportunities by establishing partnerships and
5205 positive working relationships with appropriate public and private sector entities, individuals,
5206 and institutions; and
5207 (6) foster government-to-government collaboration and good working relations
5208 between state and rural government regarding economic development and planning issues.
5209 Section 116. Section 63N-4-104 is amended to read:
5210 63N-4-104. Duties.
5211 (1) The [
5212 [
5213
5214 [
5215
5216 [
5217 development, planning, and leadership training challenges and opportunities by establishing
5218 partnerships and positive working relationships with appropriate public and private sector
5219 entities, individuals, and institutions;
5220 [
5221 coordinate and focus available resources in ways that address the economic development,
5222 planning, and leadership training challenges and priorities in rural Utah;
5223 [
5224 County Grant Program created in Section 17-54-103, including, as described in Subsection
5225 17-54-103(10), compiling reported information regarding the program for inclusion in
5226 [
5227 [
5228 government, coordinate relations between:
5229 (i) the state;
5230 (ii) rural governments;
5231 (iii) other public and private groups engaged in rural economic planning and
5232 development; and
5233 (iv) federal agencies.
5234 (2) (a) The [
5235 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5236 make rules necessary to carry out its duties;
5237 (ii) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of rural
5238 Utah citizens; and
5239 (iii) use those gifts, grants, devises, and property received under Subsection (2)(a)(ii)
5240 for the use and benefit of rural citizens within the state.
5241 (b) All resources received under Subsection (2)(a)(ii) shall be deposited in the General
5242 Fund as dedicated credits to be used as directed in Subsection (2)(a)(iii).
5243 Section 117. Section 63N-4-105 is amended to read:
5244 63N-4-105. Program manager.
5245 (1) The executive director [
5246 for Rural Development with the approval of the governor.
5247 (2) The director of the [
5248 knowledgeable in the field of rural economic development and planning and experienced in
5249 administration.
5250 (3) Upon change of the executive director [
5251 Center for Rural Development may not be dismissed without cause for at least 180 days.
5252 [
5253
5254
5255 Section 118. Section 63N-4-106 is amended to read:
5256 63N-4-106. Annual report.
5257 [
5258 [
5259 Section 119. Section 63N-4-205 is amended to read:
5260 63N-4-205. Report on amount of grants and loans, projects, and outstanding
5261 debt.
5262 The board shall annually provide the following information to the office for inclusion in
5263 the office's annual written report described in Section [
5264 (1) the total amount of grants and loans the board awarded to eligible counties under
5265 this part during the fiscal year that ended on the June 30 immediately preceding the November
5266 interim meeting;
5267 (2) a description of the projects with respect to which the board awarded a grant or loan
5268 under this part;
5269 (3) the total amount of outstanding debt service that is being repaid by a grant or loan
5270 awarded under this part;
5271 (4) whether the grants and loans awarded under this part have resulted in economic
5272 development within project areas; and
5273 (5) whether the board recommends:
5274 (a) that the grants and loans authorized by this part should be continued; or
5275 (b) any modifications to this part.
5276 Section 120. Section 63N-4-403 is amended to read:
5277 63N-4-403. Duties of the office.
5278 (1) The office shall:
5279 (a) review a business entity's application for a rural employment expansion grant under
5280 this part in the order in which the application is received by the office;
5281 (b) ensure that a rural employment expansion grant is only awarded to a business entity
5282 that meets the requirements of this part; and
5283 (c) as part of the annual written report described in Section [
5284 prepare an annual evaluation that provides:
5285 (i) the identity of each business entity that was provided a rural employment expansion
5286 grant by the office during the year of the annual report;
5287 (ii) the total amount awarded in rural employment expansion grants for each county;
5288 and
5289 (iii) an evaluation of the effectiveness of the rural employment expansion grant in
5290 bringing significant new employment to rural communities.
5291 (2) The office may:
5292 (a) authorize a rural employment expansion grant for a business entity under this part;
5293 (b) audit a business entity to ensure:
5294 (i) eligibility for a rural employment expansion grant; and
5295 (ii) compliance with this part; and
5296 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
5297 in accordance with the provisions of this part, make rules regarding the:
5298 (i) form and content of an application for a rural employment expansion grant;
5299 (ii) documentation or other requirements for a business entity to receive a rural
5300 employment expansion grant; and
5301 (iii) administration of rural employment expansion grants, including an appeal process
5302 and relevant timelines and deadlines.
5303 Section 121. Section 63N-4-704 is amended to read:
5304 63N-4-704. Requirements for entering into a lease.
5305 (1) In accordance with the provisions of this part and in accordance with Title 63G,
5306 Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules establishing the
5307 eligibility and reporting criteria for an applicant to participate in the program as a lessor of a
5308 rural speculative industrial building, including:
5309 (a) the form and process of submitting an application to the office;
5310 (b) the eligibility requirements of an applicant;
5311 (c) the method and formula for determining lease terms between the office and a lessor
5312 of a rural speculative industrial building; and
5313 (d) the reporting requirements of participants in the program.
5314 (2) In determining whether to approve an application for participation in the program,
5315 the office may prioritize a project:
5316 (a) that will serve underprivileged or underserved communities, including communities
5317 with high unemployment or low median incomes;
5318 (b) where an applicant demonstrates comprehensive planning of the project, including
5319 a business case;
5320 (c) where the applicant, as determined by the office, is likely to have success in
5321 attracting a tenant to assume the office's lease of a rural speculative industrial building in a
5322 short amount of time; and
5323 (d) that maximizes economic development opportunities in accordance with the
5324 economic development needs or plans of a county or a municipality.
5325 (3) Subject to legislative appropriation, a lease may only be entered into by the office
5326 if:
5327 (a) the executive director, after consultation with the [
5328 entering into the lease;
5329 (b) the local municipal entity supports the program through the provision of local
5330 incentives, reduced impact fees, or other monetary support for the rural speculative industrial
5331 building; and
5332 (c) the lease terms are not more than $100,000 per year with a maximum five-year
5333 lease term.
5334 (4) The office shall include in the annual written report described in Section
5335 [
5336 (a) an overview of each lease entered into under this program; and
5337 (b) the success of this program in attracting new or expanding businesses into rural
5338 areas.
5339 Section 122. Section 63N-7-201 is amended to read:
5340 63N-7-201. Powers and duties of office related to tourism development plan --
5341 Annual report and survey.
5342 (1) The office shall:
5343 (a) be the tourism development authority of the state;
5344 (b) develop a tourism advertising, marketing, and branding program for the state;
5345 (c) receive approval from the Board of Tourism Development under Subsection
5346 63N-7-103(1)(a) before implementing the out-of-state advertising, marketing, and branding
5347 campaign;
5348 (d) develop a plan to increase the economic contribution by tourists visiting the state;
5349 (e) plan and conduct a program of information, advertising, and publicity relating to the
5350 recreational, scenic, historic, and tourist advantages and attractions of the state at large; and
5351 (f) encourage and assist in the coordination of the activities of persons, firms,
5352 associations, corporations, travel regions, counties, and governmental agencies engaged in
5353 publicizing, developing, and promoting the scenic attractions and tourist advantages of the
5354 state.
5355 (2) Any plan provided for under Subsection (1) shall address, but not be limited to,
5356 enhancing the state's image, promoting Utah as a year-round destination, encouraging
5357 expenditures by visitors to the state, and expanding the markets where the state is promoted.
5358 (3) The office shall:
5359 (a) conduct a regular and ongoing research program to identify statewide economic
5360 trends and conditions in the tourism sector of the economy; and
5361 (b) include in the annual written report described in Section [
5362 report on the economic efficiency of the advertising and branding campaigns conducted under
5363 this part.
5364 Section 123. Section 63N-8-102 is amended to read:
5365 63N-8-102. Definitions.
5366 As used in this chapter:
5367 (1) "Digital media company" means a company engaged in the production of a digital
5368 media project.
5369 (2) "Digital media project" means all or part of a production of interactive
5370 entertainment or animated production that is produced for distribution in commercial or
5371 educational markets, which shall include projects intended for Internet or wireless distribution.
5372 (3) "Dollars left in the state" means expenditures made in the state for a state-approved
5373 production, including:
5374 (a) an expenditure that is subject to:
5375 (i) a corporate franchise or income tax under Title 59, Chapter 7, Corporate Franchise
5376 and Income Taxes;
5377 (ii) an individual income tax under Title 59, Chapter 10, Individual Income Tax Act;
5378 and
5379 (iii) a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act,
5380 notwithstanding any sales and use tax exemption allowed by law; or
5381 (iv) a combination of Subsections (3)(a)(i), (ii), and (iii);
5382 (b) payments made to a nonresident only to the extent of the income tax paid to the
5383 state on the payments, the amount of per diems paid in the state, and other direct
5384 reimbursements transacted in the state; and
5385 (c) payments made to a payroll company or loan-out corporation that is registered to do
5386 business in the state, only to the extent of the amount of withholding under Section 59-10-402.
5387 (4) "Loan-out corporation" means a corporation owned by one or more artists that
5388 provides services of the artists to a third party production company.
5389 (5) "Motion picture company" means a company engaged in the production of:
5390 (a) motion pictures;
5391 (b) television series; or
5392 (c) made-for-television movies.
5393 (6) "Motion picture incentive" means either a cash rebate from the Motion Picture
5394 Incentive Account or a refundable tax credit under Section 59-7-614.5 or 59-10-1108.
5395 (7) "New state revenues" means:
5396 (a) incremental new state sales and use tax revenues generated as a result of a digital
5397 media project that a digital media company pays under Title 59, Chapter 12, Sales and Use Tax
5398 Act;
5399 (b) incremental new state tax revenues that a digital media company pays as a result of
5400 a digital media project under:
5401 (i) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
5402 (ii) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
5403 Information;
5404 (iii) Title 59, Chapter 10, Part 2, Trusts and Estates;
5405 (iv) Title 59, Chapter 10, Part 4, Withholding of Tax; or
5406 (v) a combination of Subsections (7)(b)(i), (ii), (iii), and (iv);
5407 (c) incremental new state revenues generated as individual income taxes under Title
5408 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information, paid by
5409 employees of the new digital media project as evidenced by payroll records from the digital
5410 media company; or
5411 (d) a combination of Subsections (7)(a), (b), and (c).
5412 (8) "Payroll company" means a business entity that handles the payroll and becomes
5413 the employer of record for the staff, cast, and crew of a motion picture production.
5414 (9) "Refundable tax credit" means a refundable motion picture tax credit authorized
5415 under Section 63N-8-103 and claimed under Section 59-7-614.5 or 59-10-1108.
5416 (10) "Restricted account" means the Motion Picture Incentive Account created in
5417 Section 63N-8-103.
5418 (11) "State-approved production" means a production under Subsections (2) and (5)
5419 that is:
5420 (a) approved by the office and ratified by the [
5421 (b) produced in the state by a motion picture company.
5422 (12) "Tax credit amount" means the amount the office lists as a tax credit on a tax
5423 credit certificate for a taxable year.
5424 (13) "Tax credit certificate" means a certificate issued by the office that:
5425 (a) lists the name of the applicant;
5426 (b) lists the applicant's taxpayer identification number;
5427 (c) lists the amount of tax credit that the office awards the applicant for the taxable
5428 year; and
5429 (d) may include other information as determined by the office.
5430 Section 124. Section 63N-8-103 is amended to read:
5431 63N-8-103. Motion Picture Incentive Account created -- Cash rebate incentives --
5432 Refundable tax credit incentives.
5433 (1) (a) There is created within the General Fund a restricted account known as the
5434 Motion Picture Incentive Account, which the office shall use to provide cash rebate incentives
5435 for state-approved productions by a motion picture company.
5436 (b) All interest generated from investment of money in the restricted account shall be
5437 deposited in the restricted account.
5438 (c) The restricted account shall consist of an annual appropriation by the Legislature.
5439 (d) The office shall:
5440 (i) with the advice of the [
5441 (ii) make payments from the restricted account as required under this section.
5442 (e) The cost of administering the restricted account shall be paid from money in the
5443 restricted account.
5444 (2) (a) A motion picture company or digital media company seeking disbursement of
5445 an incentive allowed under an agreement with the office shall follow the procedures and
5446 requirements of this Subsection (2).
5447 (b) The motion picture company or digital media company shall provide the office with
5448 an incentive request form, provided by the office, identifying and documenting the dollars left
5449 in the state and new state revenues generated by the motion picture company or digital media
5450 company for state-approved production, including any related tax returns by the motion picture
5451 company, payroll company, digital media company, or loan-out corporation under Subsection
5452 (2)(d).
5453 (c) For a motion picture company, an independent certified public accountant shall:
5454 (i) review the incentive request form submitted by the motion picture company; and
5455 (ii) provide a report on the accuracy and validity of the incentive request form,
5456 including the amount of dollars left in the state, in accordance with the agreed upon procedures
5457 established by the office by rule.
5458 (d) The motion picture company, digital media company, payroll company, or loan-out
5459 corporation shall provide the office with a document that expressly directs and authorizes the
5460 State Tax Commission to disclose the entity's tax returns and other information concerning the
5461 entity that would otherwise be subject to confidentiality under Section 59-1-403 or Section
5462 6103, Internal Revenue Code, to the office.
5463 (e) The office shall submit the document described in Subsection (2)(d) to the State
5464 Tax Commission.
5465 (f) Upon receipt of the document described in Subsection (2)(d), the State Tax
5466 Commission shall provide the office with the information requested by the office that the
5467 motion picture company, digital media company, payroll company, or loan-out corporation
5468 directed or authorized the State Tax Commission to provide to the office in the document
5469 described in Subsection (2)(d).
5470 (g) Subject to Subsection (3), for a motion picture company the office shall:
5471 (i) review the incentive request form from the motion picture company described in
5472 Subsection (2)(b) and verify that the incentive request form was reviewed by an independent
5473 certified public accountant as described in Subsection (2)(c); and
5474 (ii) based upon the independent certified public accountant's report under Subsection
5475 (2)(c), determine the amount of the incentive that the motion picture company is entitled to
5476 under the motion picture company's agreement with the office.
5477 (h) Subject to Subsection (3), for a digital media company, the office shall:
5478 (i) ensure the digital media project results in new state revenues; and
5479 (ii) based upon review of new state revenues, determine the amount of the incentive
5480 that a digital media company is entitled to under the digital media company's agreement with
5481 the office.
5482 (i) Subject to Subsection (3), if the incentive is in the form of a cash rebate, the office
5483 shall pay the incentive from the restricted account to the motion picture company,
5484 notwithstanding Subsections 51-5-3(23)(b) and 63J-1-105(6).
5485 (j) If the incentive is in the form of a refundable tax credit under Section 59-7-614.5 or
5486 59-10-1108, the office shall:
5487 (i) issue a tax credit certificate to the motion picture company or digital media
5488 company; and
5489 (ii) provide a [
5490 Commission.
5491 (k) A motion picture company or digital media company may not claim a motion
5492 picture tax credit under Section 59-7-614.5 or 59-10-1108 unless the motion picture company
5493 or digital media company has received a tax credit certificate for the claim issued by the office
5494 under Subsection (2)(j)(i).
5495 (l) A motion picture company or digital media company may claim a motion picture
5496 tax credit on the motion picture company's or the digital media company's tax return for the
5497 amount listed on the tax credit certificate issued by the office.
5498 (m) A motion picture company or digital media company that claims a tax credit under
5499 Subsection (2)(l) shall retain the tax credit certificate and all supporting documentation in
5500 accordance with Subsection 63N-8-104(6).
5501 (3) (a) Subject to Subsection (3)(b), the office may issue $6,793,700 in tax credit
5502 certificates under this part in a fiscal year.
5503 (b) If the office does not issue tax credit certificates in a fiscal year totaling the amount
5504 authorized under Subsection (3)(a), the office may carry over that amount for issuance in
5505 subsequent fiscal years.
5506 Section 125. Section 63N-8-104 is amended to read:
5507 63N-8-104. Motion picture incentives -- Standards to qualify for an incentive --
5508 Limitations -- Content of agreement between office and motion picture company or
5509 digital media company.
5510 (1) In addition to the requirements for receiving a motion picture incentive as set forth
5511 in this part, the office, in accordance with Title 63G, Chapter 3, Utah Administrative
5512 Rulemaking Act, shall make rules establishing:
5513 (a) the standards that a motion picture company or digital media company must meet to
5514 qualify for the motion picture incentive; and
5515 (b) criteria for determining the amount of the incentive.
5516 (2) The office shall ensure that those standards include the following:
5517 (a) an incentive may only be issued for a state-approved production by a motion picture
5518 company or digital media company;
5519 (b) financing has been obtained and is in place for the production; and
5520 (c) the economic impact of the production on the state represents new incremental
5521 economic activity in the state as opposed to existing economic activity.
5522 (3) With respect to a digital media project, the office shall consider economic
5523 modeling, including the costs and benefits of the digital media project to state and local
5524 governments in determining the motion picture incentive amount.
5525 (4) The office may also consider giving preference to a production that stimulates
5526 economic activity in rural areas of the state or that has Utah content, such as recognizing that
5527 the production was made in the state or uses Utah as Utah in the production.
5528 (5) (a) The office, with advice from the [
5529 agreement with a motion picture company or digital media company that meets the standards
5530 established under this section and satisfies the other qualification requirements under this part.
5531 (b) Subject to Subsection 63N-8-103(3), the office may commit or authorize a motion
5532 picture incentive:
5533 (i) to a motion picture company of up to 20% of the dollars left in the state by the
5534 motion picture company, and a motion picture company can receive an additional 5%, not to
5535 exceed 25% of the dollars left in the state by the motion picture company if the company
5536 fulfills certain requirements determined by the office including:
5537 (A) employing a significant percentage of cast and crew from Utah;
5538 (B) highlighting the state of Utah and the Utah Film Commission in the motion picture
5539 credits; or
5540 (C) other promotion opportunities as agreed upon by the office and the motion picture
5541 company; and
5542 (ii) to a digital media company, if the incentive does not exceed 100% of the new state
5543 revenue less the considerations under Subsection (3), but not to exceed 20% of the dollars left
5544 in the state by the digital media company.
5545 (c) The office may not give a cash rebate incentive from the Motion Picture Incentive
5546 Restricted Account for a digital media project.
5547 (6) The office shall ensure that the agreement entered into with a motion picture
5548 company or digital media company under Subsection (5)(a):
5549 (a) details the requirements that the motion picture company or digital media company
5550 must meet to qualify for an incentive under this part;
5551 (b) specifies:
5552 (i) the nature of the incentive; and
5553 (ii) the maximum amount of the motion picture incentive that the motion picture
5554 company or digital media company may earn for a taxable year and over the life of the
5555 production;
5556 (c) establishes the length of time over which the motion picture company or digital
5557 media company may claim the motion picture incentive;
5558 (d) requires the motion picture company or digital media company to retain records
5559 supporting its claim for a motion picture incentive for at least four years after the motion
5560 picture company or digital media company claims the incentive under this part; and
5561 (e) requires the motion picture company or digital media company to submit to audits
5562 for verification of the claimed motion picture incentive.
5563 Section 126. Section 63N-8-105 is amended to read:
5564 63N-8-105. Annual report.
5565 The office shall include the following information in the annual written report described
5566 in Section [
5567 (1) the office's success in attracting within-the-state production of television series,
5568 made-for-television movies, and motion pictures, including feature films and independent
5569 films;
5570 (2) the amount of incentive commitments made by the office under this part and the
5571 period of time over which the incentives will be paid; and
5572 (3) the economic impact on the state related to:
5573 (a) dollars left in the state; and
5574 (b) providing motion picture incentives under this part.
5575 Section 127. Section 63N-9-104 is amended to read:
5576 63N-9-104. Creation of outdoor recreation office and appointment of director --
5577 Responsibilities of outdoor recreation office.
5578 (1) There is created within the [
5579 the Utah Office of Outdoor Recreation.
5580 (2) (a) The executive director shall appoint a director of the outdoor recreation office.
5581 (b) The director [
5582 (3) The outdoor recreation office shall:
5583 (a) coordinate outdoor recreation policy, management, and promotion:
5584 (i) among state and federal agencies and local government entities in the state; [
5585 (ii) with the Public Lands Policy Coordinating Office created in Section 63J-4-602, if
5586 public land is involved; and
5587 (iii) on a quarterly basis, with the executive director and the executive director of the
5588 Department of Natural Resources;
5589 (b) promote economic development in the state by:
5590 (i) coordinating with outdoor recreation stakeholders;
5591 (ii) improving recreational opportunities; and
5592 (iii) recruiting outdoor recreation business;
5593 (c) promote all forms of outdoor recreation, including vehicular and non-vehicular
5594 outdoor recreation;
5595 [
5596 recreational amenities and experiences in the state and help implement those policies and
5597 initiatives;
5598 (e) in performing the outdoor recreation office's duties, seek to ensure safe and
5599 adequate access to outdoor recreation for all user groups and for all forms of recreation;
5600 [
5601 [
5602 young people.
5603 (4) By following the procedures and requirements of Title 63J, Chapter 5, Federal
5604 Funds Procedures Act, the outdoor recreation office may:
5605 (a) seek federal grants or loans;
5606 (b) seek to participate in federal programs; and
5607 (c) in accordance with applicable federal program guidelines, administer federally
5608 funded outdoor recreation programs.
5609 (5) For purposes of administering this part, the outdoor recreation office may make
5610 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5611 Section 128. Section 63N-9-106 is amended to read:
5612 63N-9-106. Annual report.
5613 The executive director shall include in the annual written report described in Section
5614 [
5615 office, including a description and the amount of any awarded infrastructure grants and any
5616 awarded UCORE grants.
5617 Section 129. Section 63N-9-203 is amended to read:
5618 63N-9-203. Rulemaking and requirements for awarding an infrastructure grant.
5619 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5620 outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
5621 an entity to receive an infrastructure grant, including:
5622 (a) the form and process of submitting an application to the outdoor recreation office
5623 for an infrastructure grant;
5624 (b) which entities are eligible to apply for an infrastructure grant;
5625 (c) specific categories of recreational infrastructure projects that are eligible for an
5626 infrastructure grant;
5627 (d) the method and formula for determining grant amounts; and
5628 (e) the reporting requirements of grant recipients.
5629 (2) In determining the award of an infrastructure grant, the outdoor recreation office
5630 may prioritize a recreational infrastructure project that will serve an underprivileged or
5631 underserved community.
5632 (3) An infrastructure grant may only be awarded by the executive director after
5633 consultation with the director and the [
5634 (4) The following entities may not receive an infrastructure grant under this part:
5635 (a) a federal government entity;
5636 (b) a state agency; and
5637 (c) a for-profit entity.
5638 (5) An infrastructure grant may only be awarded under this part:
5639 (a) for a recreational infrastructure project that is accessible to the general public; and
5640 (b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching
5641 funds having a value equal to or greater than the amount of the infrastructure grant.
5642 (6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be
5643 provided through an in-kind contribution by the grant recipient, if:
5644 (a) approved by the executive director after consultation with the director and the
5645 [
5646 (b) the in-kind donation does not include real property.
5647 (7) An infrastructure grant may not be awarded under this part if the grant, or the grant
5648 recipient match described in Subsection (5)(b), will be used for the purchase of real property or
5649 for the purchase or transfer of a conservation easement.
5650 Section 130. Section 63N-9-403 is amended to read:
5651 63N-9-403. Rulemaking and requirements for awarding a UCORE grant.
5652 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5653 outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
5654 an entity to receive a UCORE grant, including:
5655 (a) the form and process of submitting an application to the outdoor recreation office
5656 for a UCORE grant;
5657 (b) which entities are eligible to apply for a UCORE grant;
5658 (c) specific categories of children's programs that are eligible for a UCORE grant;
5659 (d) the method and formula for determining grant amounts; and
5660 (e) the reporting requirements of grant recipients.
5661 (2) In determining the award of a UCORE grant, the outdoor recreation office may
5662 prioritize a children's program that will serve an underprivileged or underserved community in
5663 the state.
5664 (3) A UCORE grant may only be awarded by the executive director after consultation
5665 with the director and the [
5666 (4) The following entities may not receive a UCORE grant under this part:
5667 (a) a federal government entity;
5668 (b) a state agency, except for public schools and institutions of higher education; and
5669 (c) a for-profit entity.
5670 (5) In awarding UCORE grants, consideration shall be given to entities that implement
5671 programs that:
5672 (a) contribute to healthy and active lifestyles through outdoor recreation; and
5673 (b) include one or more of the following attributes in their programs or initiatives:
5674 (i) serve children with the greatest needs in rural, suburban, and urban areas of the
5675 state;
5676 (ii) provide students with opportunities to directly experience nature;
5677 (iii) maximize the number of children who can participate;
5678 (iv) commit matching and in-kind resources;
5679 (v) create partnerships with public and private entities;
5680 (vi) include ongoing program evaluation and assessment;
5681 (vii) utilize veterans in program implementation;
5682 (viii) include outdoor or nature-based programming that incorporates concept learning
5683 in science, technology, engineering, or math; or
5684 (ix) utilize educated volunteers in program implementation.
5685 Section 131. Section 63N-13-101 is amended to read:
5686 63N-13-101. Title -- Projects to assist companies to secure new business with
5687 federal, state, and local governments.
5688 (1) This chapter is known as "Procurement Programs."
5689 (2) The Legislature recognizes that:
5690 (a) many Utah companies provide products and services which are routinely procured
5691 by a myriad of governmental entities at all levels of government, but that attempting to
5692 understand and comply with the numerous certification, registration, proposal, and contract
5693 requirements associated with government procurement often raises significant barriers for
5694 those companies with no government contracting experience;
5695 (b) the costs associated with obtaining a government contract for products or services
5696 often prevent most small businesses from working in the governmental procurement market;
5697 (c) currently a majority of federal procurement opportunities are contracted to
5698 businesses located outside of the state;
5699 (d) the [
5700 programs and initiatives that help create and grow companies in Utah and recruit companies to
5701 Utah through the use of state employees, public-private partnerships, and contractual services;
5702 and
5703 (e) there exists a significant opportunity for Utah companies to secure new business
5704 with federal, state, and local governments.
5705 (3) The office, through its executive director:
5706 (a) shall manage and direct the administration of state and federal programs and
5707 initiatives whose purpose is to procure federal, state, and local governmental contracts;
5708 (b) may require program accountability measures; and
5709 (c) may receive and distribute legislative appropriations and public and private grants
5710 for projects and programs that:
5711 (i) are focused on growing Utah companies and positively impacting statewide
5712 revenues by helping these companies secure new business with federal, state, and local
5713 governments;
5714 (ii) provide guidance to Utah companies interested in obtaining new business with
5715 federal, state, and local governmental entities;
5716 (iii) would facilitate marketing, business development, and expansion opportunities for
5717 Utah companies in cooperation with the [
5718 office's Procurement Technical Assistance Center Program and with public, nonprofit, or
5719 private sector partners such as local chambers of commerce, trade associations, or private
5720 contractors as determined by the office's director to successfully match Utah businesses with
5721 government procurement opportunities; and
5722 (iv) may include the following components:
5723 (A) recruitment, individualized consultation, and an introduction to government
5724 contracting;
5725 (B) specialized contractor training for companies located in Utah;
5726 (C) a Utah contractor matching program for government requirements;
5727 (D) experienced proposal and bid support; and
5728 (E) specialized support services.
5729 (4) (a) The office, through its executive director, shall make any distribution referred to
5730 in Subsection (3) on a semiannual basis.
5731 (b) A recipient of money distributed under this section shall provide the office with a
5732 set of standard monthly reports, the content of which shall be determined by the office to
5733 include at least the following information:
5734 (i) consultive meetings with Utah companies;
5735 (ii) seminars or training meetings held;
5736 (iii) government contracts awarded to Utah companies;
5737 (iv) increased revenues generated by Utah companies from new government contracts;
5738 (v) jobs created;
5739 (vi) salary ranges of new jobs; and
5740 (vii) the value of contracts generated.
5741 Section 132. Section 63N-16-101 is enacted to read:
5742
5743
5744 63N-16-101. Title.
5745 This chapter is known as the "Utah Broadband Center and Access Act."
5746 Section 133. Section 63N-16-102 is enacted to read:
5747 63N-16-102. Definitions.
5748 As used in this chapter:
5749 (1) "Broadband center" means the Utah Broadband Center created in Section
5750 63N-16-201.
5751 (2) "Eligible applicant" means:
5752 (a) a telecommunications provider or an Internet service provider;
5753 (b) a local government entity and one or more private entities, collectively, who are
5754 parties to a public-private partnership established for the purpose of expanding affordable
5755 broadband access in the state; or
5756 (c) a tribal government.
5757 (3) "Public-private partnership" means an arrangement or agreement between a
5758 government entity and one or more private persons to fund and provide for a public need
5759 through the development or operation of a public project in which the private person or persons
5760 share with the government entity the responsibility or risk of developing, owning, maintaining,
5761 financing, or operating the project.
5762 (4) "Underserved area" means an area of the state that is underserved in terms of the
5763 area's access to broadband service, as further defined by rule made by the broadband center.
5764 (5) "Unserved area" means an area of the state that is rural and unserved in terms of the
5765 area's access to broadband service, as further defined by rule made by the broadband center.
5766 Section 134. Section 63N-16-201 is enacted to read:
5767
5768 63N-16-201. Utah Broadband Center -- Creation -- Director -- Duties.
5769 (1) There is created within the office the Utah Broadband Center.
5770 (2) The executive director shall appoint a director of the broadband center to oversee
5771 the operations of the broadband center.
5772 (3) The broadband center shall:
5773 (a) ensure that publicly funded broadband projects continue to be publicly accessible
5774 and provide a public benefit;
5775 (b) develop a statewide digital connectivity plan;
5776 (c) carry out the duties described in Section 63N-16-202; and
5777 (d) administer the broadband access grant program in accordance with Part 3,
5778 Broadband Access Grant Program.
5779 Section 135. Section 63N-16-202, which is renumbered from Section 63N-3-501 is
5780 renumbered and amended to read:
5781 [
5782 (1) The [
5783 Reference Center created in Section 63F-1-506 to collect and maintain a database and
5784 interactive map that displays economic development data statewide, including:
5785 (a) voluntarily submitted broadband availability, speeds, and other broadband data;
5786 (b) voluntarily submitted public utility data;
5787 (c) workforce data, including information regarding:
5788 (i) enterprise zones designated under Section 63N-2-206;
5789 [
5790 [
5791 [
5792 (d) transportation data, which may include information regarding railway routes,
5793 commuter rail routes, airport locations, and major highways;
5794 (e) lifestyle data, which may include information regarding state parks, national parks
5795 and monuments, United States Forest Service boundaries, ski areas, golf courses, and hospitals;
5796 and
5797 (f) other relevant economic development data as determined by the office, including
5798 data provided by partner organizations.
5799 (2) The [
5800 (a) make recommendations to state and federal agencies, local governments, the
5801 governor, and the Legislature regarding policies and initiatives that promote the development
5802 of broadband-related infrastructure in the state and help implement those policies and
5803 initiatives;
5804 (b) facilitate coordination between broadband providers and public and private entities;
5805 (c) collect and analyze data on broadband availability and usage in the state, including
5806 Internet speed, capacity, the number of unique visitors, and the availability of broadband
5807 infrastructure throughout the state;
5808 (d) create a voluntary broadband advisory committee, which shall include broadband
5809 providers and other public and private stakeholders, to solicit input on broadband-related policy
5810 guidance, best practices, and adoption strategies;
5811 (e) work with broadband providers, state and local governments, and other public and
5812 private stakeholders to facilitate and encourage the expansion and maintenance of broadband
5813 infrastructure throughout the state; and
5814 (f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds
5815 Procedures Act, and in accordance with federal requirements:
5816 (i) apply for federal grants;
5817 (ii) participate in federal programs; and
5818 (iii) administer federally funded broadband-related programs.
5819 Section 136. Section 63N-15-103 is amended to read:
5820 63N-15-103. Reporting and use of appropriations.
5821 (1) The office shall include in the office's 2020 and 2021 annual reports to the governor
5822 and the Legislature under Section [
5823 each of the grant programs established under this chapter:
5824 (a) the number of applications submitted under the grant program;
5825 (b) the number of grants awarded under the grant program;
5826 (c) the aggregate amount of grant funds awarded under the grant program; and
5827 (d) any other information the office considers relevant to evaluating the success of the
5828 grant program.
5829 (2) After providing notice to members of the legislative committee, the executive
5830 director, in cooperation with the director of the Division of Finance, may move funds among
5831 the following programs to make efficient and full use of CARES Act funding:
5832 (a) the COVID-19 Commercial Rental and Mortgage Assistance Program described in
5833 Chapter 14, COVID-19 Commercial Rental and Mortgage Assistance Program;
5834 (b) any of the programs described in this chapter;
5835 (c) after consultation with the commissioner of the Department of Agriculture and
5836 Food, the COVID-19 Agricultural Operations Grant Program described in Section 4-18-106.1;
5837 (d) after consultation with the executive director of the Department of Heritage and
5838 Arts, the COVID-19 Cultural Assistance Grant Program described in Title 9, Chapter 6, Part 9,
5839 COVID-19 Cultural Assistance Grant Program; and
5840 (e) after consultation with the executive director of the Department of Workforce
5841 Services, COVID-19 Residential Housing Assistance described in Title 35A, Chapter 8, Part
5842 23, COVID-19 Residential Housing Assistance.
5843 Section 137. Section 63N-16-301 is enacted to read:
5844
5845 63N-16-301. Creation of Broadband Access Grant Program.
5846 (1) There is established a grant program known as the Broadband Access Grant
5847 Program that is administered by the broadband center in accordance with this part.
5848 (2) (a) The broadband center may award a grant under this part to an eligible applicant
5849 who submits to the broadband center an application that includes a proposed project to extend
5850 broadband service to individuals and businesses in an unserved area or an underserved area by
5851 providing last-mile connections to end users.
5852 (b) Subsection (2)(a) does not prohibit the broadband center from awarding a grant for
5853 a proposed project that also includes middle-mile elements that are necessary for the last-mile
5854 connections.
5855 (3) In awarding grants under this part, the broadband center shall:
5856 (a) based on the following criteria and in the order provided, prioritize proposed
5857 projects:
5858 (i) located in unserved areas;
5859 (ii) located in underserved areas;
5860 (iii) (A) that the eligible applicant developed after meaningful engagement with the
5861 impacted community to identify the community's needs and innovative means of providing a
5862 public benefit that addresses the community's needs; and
5863 (B) that include, as a component of the proposed project, a long-term public benefit to
5864 the impacted community developed in response to the eligible applicant's engagement with the
5865 community;
5866 (iv) located in an economically distressed area of the state, as measured by indices of
5867 unemployment, poverty, or population loss;
5868 (v) that make the greatest investment in last-mile connections;
5869 (vi) that provide higher speed broadband access to end users; and
5870 (vii) for which the eligible applicant provides at least 25% of the money needed for the
5871 proposed project, with higher priority to proposed projects for which the eligible applicant
5872 provides a greater percentage of the money needed for the proposed project; and
5873 (b) consider the impact of available funding for the proposed project from other
5874 sources, including money from matching federal grant programs.
5875 (4) The broadband center may not award a grant under this part that exceeds
5876 $7,500,000.
5877 (5) For a project that the eligible applicant cannot complete in a single fiscal year, the
5878 broadband center may distribute grant proceeds for the project over the course of the project's
5879 construction.
5880 (6) In awarding grants under this part, the broadband center shall ensure that grant
5881 funds are not used in a manner that causes competition among projects that are substantially
5882 supported by state funds, as determined in accordance with rule made by the broadband center.
5883 (7) As provided in and subject to the requirements of Title 63G, Chapter 2,
5884 Government Records Access and Management Act, a record submitted to the broadband center
5885 that contains a trade secret or confidential commercial information described in Subsection
5886 63G-2-305(2) is a protected record.
5887 Section 138. Section 63N-16-302 is enacted to read:
5888 63N-16-302. Duties of the broadband center.
5889 (1) The broadband center shall:
5890 (a) establish an application process by which an eligible applicant may apply for a
5891 grant under this part, which application shall include:
5892 (i) a declaration, signed under penalty of perjury, that the application is complete, true,
5893 and correct; and
5894 (ii) an acknowledgment that the eligible applicant is subject to audit;
5895 (b) establish a method for the broadband center to determine which eligible applicants
5896 qualify to receive a grant;
5897 (c) establish a formula to award grant funds; and
5898 (d) report the information described in Subsections (1)(a) through (c) to the director of
5899 the Division of Finance.
5900 (2) Subject to appropriation, the broadband center shall:
5901 (a) collect applications for grant funds from eligible applicants;
5902 (b) determine which applicants qualify for receiving a grant; and
5903 (c) award the grant funds in accordance with the process established under Subsection
5904 (1) and in accordance with Section 63N-16-301.
5905 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5906 broadband center may make rules to administer the grant program.
5907 Section 139. Section 72-1-209 is amended to read:
5908 72-1-209. Department to cooperate in programs relating to scenic centers.
5909 The department shall cooperate in planning and promoting road-building programs into
5910 the scenic centers of the state and in providing camping grounds and facilities in scenic centers
5911 for tourists with:
5912 (1) the Governor's Office of Economic [
5913 (2) other states;
5914 (3) all national, state, and local planning and zoning agencies and boards;
5915 (4) municipal and county officials; and
5916 (5) other agencies.
5917 Section 140. Section 72-4-302 is amended to read:
5918 72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
5919 Meetings -- Expenses.
5920 (1) There is created the Utah State Scenic Byway Committee.
5921 (2) (a) The committee shall consist of the following 13 members:
5922 (i) a representative from each of the following entities appointed by the governor:
5923 (A) the Governor's Office of Economic [
5924 (B) the Utah Department of Transportation;
5925 (C) the Department of Heritage and Arts;
5926 (D) the Division of Parks and Recreation;
5927 (E) the Federal Highway Administration;
5928 (F) the National Park Service;
5929 (G) the National Forest Service; and
5930 (H) the Bureau of Land Management;
5931 (ii) one local government tourism representative appointed by the governor;
5932 (iii) a representative from the private business sector appointed by the governor; and
5933 (iv) three local elected officials from a county, city, or town within the state appointed
5934 by the governor.
5935 (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
5936 (2) shall be appointed for a four-year term of office.
5937 (c) The governor shall, at the time of appointment or reappointment for appointments
5938 made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
5939 terms of committee members are staggered so that approximately half of the committee is
5940 appointed every two years.
5941 (3) (a) The representative from the Governor's Office of Economic [
5942 Opportunity shall chair the committee.
5943 (b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as
5944 nonvoting, ex officio members of the committee.
5945 (4) The Governor's Office of Economic [
5946 department shall provide staff support to the committee.
5947 (5) (a) The chair may call a meeting of the committee only with the concurrence of the
5948 department.
5949 (b) A majority of the voting members of the committee constitute a quorum.
5950 (c) Action by a majority vote of a quorum of the committee constitutes action by the
5951 committee.
5952 (6) A member may not receive compensation or benefits for the member's service, but
5953 may receive per diem and travel expenses as allowed in:
5954 (a) Section 63A-3-106;
5955 (b) Section 63A-3-107; and
5956 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
5957 63A-3-107.
5958 Section 141. Section 72-7-504 is amended to read:
5959 72-7-504. Advertising prohibited near interstate or primary system -- Exceptions
5960 -- Logo advertising -- Department rules.
5961 (1) As used in this section, "specific service trailblazer sign" means a guide sign that
5962 provides users with business identification or directional information for services and eligible
5963 activities that are advertised on a logo advertising sign authorized under Subsection (3)(a)(i).
5964 (2) Outdoor advertising that is capable of being read or comprehended from any place
5965 on the main-traveled way of an interstate or primary system may not be erected or maintained,
5966 except:
5967 (a) directional and other official signs and notices authorized or required by law,
5968 including signs and notices pertaining to natural wonders and scenic and historic attractions,
5969 informational or directional signs regarding utility service, emergency telephone signs, buried
5970 or underground utility markers, and above ground utility closure signs;
5971 (b) on-premise signs advertising the sale or lease of property upon which the
5972 on-premise signs are located;
5973 (c) on-premise signs advertising major activities conducted on the property where the
5974 on-premise signs are located;
5975 (d) public assembly facility signs;
5976 (e) unified commercial development signs that have received a waiver as described in
5977 Section 72-7-504.6;
5978 (f) signs located in a commercial or industrial zone;
5979 (g) signs located in unzoned industrial or commercial areas as determined from actual
5980 land uses; and
5981 (h) logo advertising under Subsection (3).
5982 (3) (a) The department may itself or by contract erect, administer, and maintain
5983 informational signs:
5984 (i) on the main-traveled way of an interstate or primary system, as it existed on June 1,
5985 1991, specific service signs for the display of logo advertising and information of interest,
5986 excluding specific service trailblazer signs as defined in rules adopted in accordance with
5987 Section 41-6a-301, to the traveling public if:
5988 (A) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in
5989 the lease or other contract agreement with a private party for the sign or sign space; and
5990 (B) the private party for the lease of the sign or sign space pays an amount set by the
5991 department to be paid to the department or the party under contract with the department under
5992 this Subsection (3); and
5993 (ii) only on rural conventional roads as defined in rules adopted in accordance with
5994 Section 41-6a-301 in a county of the fourth, fifth, or sixth class for tourist-oriented directional
5995 signs that display logo advertising and information of interest to the traveling public if:
5996 (A) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in
5997 the lease or other contract agreement with a private party for the tourist-oriented directional
5998 sign or sign space; and
5999 (B) the private party for the lease of the sign or sign space pays an amount set by the
6000 department to be paid to the department or the party under contract with the department under
6001 this Subsection (3).
6002 (b) The amount shall be sufficient to cover the costs of erecting, administering, and
6003 maintaining the signs or sign spaces.
6004 (c) (i) Any sign erected pursuant to this Subsection (3) which was existing as of March
6005 1, 2015, shall be permitted as if it were in compliance with this Subsection (3).
6006 (ii) A noncompliant sign shall only be permitted for the contract period of the
6007 advertising contract.
6008 (iii) A new advertising contract may not be issued for a noncompliant sign.
6009 (d) The department may consult the Governor's Office of Economic [
6010 Opportunity in carrying out this Subsection (3).
6011 (4) (a) Revenue generated under Subsection (3) shall be:
6012 (i) applied first to cover department costs under Subsection (3); and
6013 (ii) deposited [
6014 (b) Revenue in excess of costs under Subsection (3)(a) shall be deposited [
6015 General Fund as a dedicated credit for use by the Governor's Office of Economic
6016 [
6017 (5) Outdoor advertising under Subsections (2)(a), (f), (g), and (h) shall conform to the
6018 rules made by the department under Sections 72-7-506 and 72-7-507.
6019 Section 142. Section 79-4-1103 is amended to read:
6020 79-4-1103. Governor's duties -- Priority of federal property.
6021 (1) During a fiscal emergency, the governor shall:
6022 (a) if financially practicable, work with the federal government to open and maintain
6023 the operation of one or more national parks, national monuments, national forests, and national
6024 recreation areas in the state, in the order established under this section; and
6025 (b) report to the speaker of the House and the president of the Senate on the need, if
6026 any, for additional appropriations to assist the division in opening and operating one or more
6027 national parks, national monuments, national forests, and national recreation areas in the state.
6028 (2) The director of the Outdoor Recreation Office, created in Section 63N-9-104, in
6029 consultation with the executive director of the Governor's Office of Economic [
6030 Opportunity, shall determine, by rule, the priority of national parks, national monuments,
6031 national forests, and national recreation areas in the state.
6032 (3) In determining the priority described in Subsection (2), the director of the Outdoor
6033 Recreation Office shall consider the:
6034 (a) economic impact of the national park, national monument, national forest, or
6035 national recreation area in the state; and
6036 (b) recreational value offered by the national park, national monument, national forest,
6037 or national recreation area.
6038 (4) The director of the Outdoor Recreation Office shall:
6039 (a) report the priority determined under Subsection (2) to the Natural Resources,
6040 Agriculture, and Environment Interim Committee by November 30, 2014; and
6041 (b) annually review the priority set under Subsection (2) to determine whether the
6042 priority list should be amended.
6043 Section 143. Repealer.
6044 This bill repeals:
6045 Section 63C-10-101, Title.
6046 Section 63C-10-102, Governor's Rural Partnership Board -- Creation --
6047 Membership -- Vacancies -- Chairs -- Expenses.
6048 Section 63C-10-103, Duties.
6049 Section 63N-1-501, Governor's Economic Development Coordinating Council --
6050 Membership -- Expenses.
6051 Section 63N-1-502, Council powers and duties.
6052 Section 63N-3-108, Financial assistance to companies that create economic
6053 impediments.
6054 Section 63N-3-109.5, Financial assistance to entities offering economic
6055 opportunities in the nonattainment area.
6056 Section 63N-3-201, Title.
6057 Section 63N-3-202, Purpose.
6058 Section 63N-3-203, Definitions.
6059 Section 63N-3-205, Business team consultants.
6060 Section 63N-3-301, Title.
6061 Section 63N-3-302, Purpose.
6062 Section 63N-3-303, Definitions.
6063 Section 63N-3-304, Establishment and administration of business resource centers
6064 -- Components.
6065 Section 63N-3-305, Duties and responsibilities of a business resource center.
6066 Section 63N-3-306, Advisory group.
6067 Section 63N-3-307, Office duties.
6068 Section 63N-12-501, Definitions.
6069 Section 144. Appropriation.
6070 The following sums of money are appropriated for the fiscal year beginning July 1,
6071 2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
6072 fiscal year 2022. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
6073 Act, the Legislature appropriates the following sums of money from the funds or accounts
6074 indicated for the use and support of the government of the state of Utah.
6075 ITEM 1
6076 To Economic Development - Business Development
6077 From General Fund
$842,100
6078 Schedule of Programs:
6079 Corporate Recruitment and Business Services $767,100
6080 Outreach and International Trade $75,000
6081 ITEM 2
6082 To Economic Development - Administration
6083 From General Fund, One-time
$75,000
6084 Schedule of Programs:
6085 Administration $75,000
6086 ITEM 3
6087 To Legislature - Senate
6088 From General Fund
$3,200
6089 Schedule of Programs:
6090 Administration $3,200
6091 ITEM 4
6092 To Legislature - House of Representatives
6093 From General Fund
$3,200
6094 Schedule of Programs:
6095 Administration $3,200
6096 Section 145. Effective date.
6097 This bill takes effect July 1, 2021.
6098 Section 146. Revisor instructions.
6099 The Legislature intends that the Office of Legislative Research and General Counsel, in
6100 preparing the Utah Code database for publication, make the following changes in any new
6101 language added to the Utah Code by legislation passed during the 2021 General Session:
6102 (1) replace "Governor's Office of Economic Development" with "Governor's Office of
6103 Economic Opportunity"; and
6104 (2) replace "GOED" with "the GO Utah office".
6105 Section 147. Coordinating H.B. 348 with H.B. 356 -- Superseding technical and
6106 substantive amendments.
6107 If this H.B. 348 and H.B. 356, Rural Economic Development Tax Increment Financing,
6108 both pass and become law, it is the intent of the Legislature that the amendments to Subsection
6109 63N-2-104(3)(c) in H.B. 356 supersede the amendments to Subsection 63N-2-104(3)(c) in this
6110 bill when the Office of Legislative Research and General Counsel prepares the Utah Code
6111 database for publication.